Chichester Board of Selectmen
SELECTMEN’S MINUTES
April 15, 2008
MEMBERS PRESENT: Chairman DeBold, Selectman MacCleery, Selectman Jordan and Administrator Lisa Stevens.
Chairman DeBold opened the meeting at 7:00pm.
SUBJECT: Chucksters expansion-potential obnoxious use
PRESENT: Bill & Diane Stevens, Leslie & Glen Walker, Mike Cwikla, Ewen MacKinnon and Pat Tiernan
Ongoing concerns for these Bailey Road residents are – sound, lighting, parking, and trash removal, safety to patron and employees as well as to the residents.
Mr. Stevens requested that the Board of Selectmen make a visit to his property to judge the distance of the proposed expansion at Chucksters. Selectman MacCleery inquired whether or not Mr. Stevens had requested a site walk by the Planning Board. Mr. Stevens responded he had not. Selectman MacCleery
also made the suggestion that the residents could request one of the go karts be made available for an audio demonstration to assess the disturbance level.
Diane Stevens informed the Board that a fellow neighbor has researched an OSHA website and found information regarding the ill effects of the increased sound to a person’s health.
Chairman DeBold recommended the residents forward this information to the Planning Board now so that the members may have time to review it prior to the May meeting. Chairman DeBold also stated his opinion that he felt it was prudent that the Planning Board performs a site walk in this case and he personally would in any case.
Diane Stevens stated she has determined the light trespass into their bedroom is coming from the spotlights located on the end of the ice cream stand. The Board will send a letter to the owners requesting they be shielded or redirected as required in the zoning ordinance.
Chairman DeBold informed the group that he did some research at NHDOT and no easement was found regarding the area used for employee parking that is located on the Weathervanes’ property. The Town cannot intervene with the property owner’s agreement with Chucksters. Chichester zoning states that a business must provide adequate off street parking, it does not specify on site parking.
The No Parking signs have been installed. Mrs. Walker inquired as to the trash removal that was done, she was very grateful, just wondering what type and amount of refuse there was. Lisa was directed to inquire with the highway department.
Mr. & Mrs. Stevens expressed their concerns with the proposed tree removal for the expansion of the go kart track. Mr. & Mrs. Stevens met with the owners during the original proposal for the miniature golf course and at that time, all parties agreed to the trees staying as part of the buffer zone between the properties. Mrs. Stevens also asked if whether or not the Town felt that people crossing back and forth on Bailey Road was a safety hazard. Once again, Chairman DeBold stated these are all issues to be addressed at the Planning Board meeting.
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Mrs. Walker asked for direction where to address issues of littering and loitering should they begin to occur again once Chucksters opens for the season. That would be a matter for the police department to respond to once notified. Mrs. Walker asked if the residents could require stipulations such as hours of operation and times of light usage, on any approval the Planning Board issued to Chucksters. This would have to be addressed at the Planning Board meeting; certainly the residents could state their concerns in writing to the Planning Board or address them during public comment at the Planning Board meeting. The residents can also file an appeal to the Board of Adjustment following an approval from the Planning Board. A brief discussion took place as to how soon an appeal can be filed against
how soon any construction can be stopped.
Mrs. Stevens asked is there nothing we can do about the Weathervane parking. Chairman DeBold responded that he couldn’t say for sure at this point.
Selectman Jordan posed whether or not the Selectmen would visit the site as a Board or individually. Chairman DeBold stated he intended to visit personally anyway as he is a member of the Planning Board, he felt it prudent to do so. Selectman Jordan will visit the property in the morning; Selectman MacCleery took a contact number for Mr. Stevens and will make arrangements at a later date.
Mr. Stevens stated the highest concern was the parking lot, there is not enough already, the use is not reasonable any longer.
Chairman DeBold stated it is difficult to anticipate the parking need. Experts give information and studies stating what is sufficient, in this case it was not. The Planning Board needs to proceed with caution.
Mrs. Stevens stated the sale of their house is not a reaction to the business but it is affecting their selling ability. We are saying the business is detrimental to the neighborhood.
SUBJECT: Appeal filed to Attorney General-Giuda/Merrill cluster subdivision
PRESENT: Paul Adams
Mr. Adams has heard from the Attorney General’s office that his case filed under 91-A: 8, has substance. Should he pursue the appeal, the approval would be null and void and the subdivision process would need to start all over again. Unless there was significant and substantial changes in the result of the publics rights to use of the open space, Mr. Adams does not feel it is worth his time and money to continue. Mr. Adams came to the Board asking the question; Are you happy with the development as approved?
Chairman DeBold stated he thinks the subdivision was well reviewed during the entire process, he is happy with it, he voted for it as a member of the Planning Board.
Mr. Adams stated for the record; You Dick, led the Planning Board by the nose on this development.
Paul continued by saying, the public has very little use, one third of the road improvement costs will be paid by the town, and the increased use on services far outweighs the income from the 91 units. The town got nothing back from this development. Our zoning says the open space has to be left in its natural state.
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Chairman DeBold indicated he believes due to recent changes from working with the EPA, NHDES and the Army Corp of Engineers over the issuance of various permits, the golf course has been taken out of the project. Once again Mr. Adams posed the question to the other Board members, Are you happy with the project as it stands?
Selectman MacCleery stated he did not have an opinion either way, it’s a Planning Board issue not a Board of Selectmen issue.
Selectman Jordan stated I think the right things have been groomed in this town to get to this point, if things aren’t going to drastically change then it’s a waste of your time and money.
Chairman DeBold posed this question to Mr. Adams, Don’t you think this project is a better use of the land than before, haven’t we preserved some open space never to be developed? Mr. Adams again replied, the town doesn’t have use of the open space, the development does not provide for low income elderly housing.
On parting, Mr. Adams brought to the Board’s attention the report given on Phase II of the wetlands study at last evenings Conservation meeting. He recommended the Board get a copy and read it.
GENERAL BUSINESS/BOARD DISCUSSION:
Lisa reported she spoke to the Local Government Center regarding the signing of checks. Unless an expenditure is approved during a public meeting, the check should not be signed outside of a public meeting.
Chairman DeBold asked for explanation regarding a recent $1200.00 repair for the 2000 explorer. Chief Vien had discussed this matter with Selectman MacCleery, seeking advice regarding using employees to perform the work and at what rate they could be paid, and what about any insurance liability. Selectman MacCleery indicated to the Chief to discuss this matter with the Board. Selectman MacCleery did not give approval for the amount of the repair. Chief Vien decided instead to have the repair done by Chichester Mobil. Chief Vien happened into the meeting at this time and confirmed this chain of events.
Chief Vien informed the Board he had just come from burning the Shaw Fields. Due to conditions at this time, the burning is happening in intervals. The Chief is not sure how much longer the department will have the opportunity to continue. Chief Vien has confirmed with the State that as long as the Chief is on site of a controlled burn, the Warden does not have to be present. Chief Vien has notified the Warden of the burn.
Chief Vien asked the Board if they had any information on a burn permit issued to resident Bill Briggs. They did not. The town portion is not completed. This is not standard protocol. Chief Vien is still waiting for his signed appointment from the State allowing him to issue permits. He cannot at this time.
Selectman MacCleery asked for clarification to last weeks minutes regarding the discussion on the appeal needed for 18 Towle Road. The minutes inaccurately stated that the proposed sunroom would infringe on the wetland buffer. The entire house currently sits entirely within the wetland zone as indicated on the maps. Selectman MacCleery has confirmed the appeal would be for a use variance.
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The Board approved a request by the Town Clerk to offer the service of issuing hunting/fishing, ATV and snowmobile licenses. The Board felt this was a good service to offer where no location in town offered this currently. Motion Selectman MacCleery, second Selectman Jordan to approve this request provided the bookkeeping and accounting aspect worked out. All were in favor. Motion carries.
The Board reviewed the three quotes for paving Center Road. The Board approved the bid from Pike, for no more than three days of work at a cost not to exceed $180,037.50. This quote includes the work for fine grading and compaction. Any additional costs must be pre-approved by the Board. Lisa was directed to inform the Road Agent of these stipulations.
The Board has concerns over what they see as a premature brake failure on the new loader and directed Lisa to hold the payment at this time. Selectman MacCleery will contact the vendor for further information on the repair work that was needed.
Motion Chairman DeBold, second Selectman MacCleery to re-appoint Mr. David Paveglio as Building Inspector for a one year term. DeBold – yes; MacCleery – yes; Jordan – no. Motion carries. The Board discussed looking into sharing a building inspector position, on a part-time basis, with one of the abutting towns. Lisa was directed to research information on this position and forward to Selectman Jordan for discussion at the June meeting of the Suncook Valley Regional Town Association.
Chairman DeBold discussed a phone call he received from the manager of Myers RV concerning temporary parking of RV’s on a lot on Horse Corner Road owned by Mark Drew. The Board could not find anything in the town’s zoning prohibiting this use. Chairman DeBold will research issue and report back to the Board.
Chairman DeBold reported the contractor scheduled to make the roof repair on the snack shack is no longer in business. This work will need to be re-bid.
The minutes of April 8, 2008, were approved as written.
Mail and correspondence were reviewed. Accounts payable and payroll were signed.
Motion Chairman DeBold, second Selectman MacCleery to adjourn the meeting at 10:00pm. All were in favor. Motion carries.
Respectfully submitted,
Lisa Stevens
Administrator
Approved As Written
4/22/2008
______________________ _______________________ _______________________
Richard DeBold, Chairman Stephen MacCleery Jeffrey Jordan
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