Chichester Board of Selectmen
SELECTMEN’S MINUTES
April 13, 2004
PRESENT: Chairman Colbert, Selectman DeBold, Selectman MacCleery and Administrator Lisa Stevens
Chairman Colbert opened the meeting at 7:00pm.
SUBJECT: Department Heads
PRESENT: David Kenneally; Road Agent, David Paveglio; Building Inspector, Bob Kitson; Acting Police Chief
Hyw – Three consultants are scheduled for next week with the Board of Selectmen, to discuss engineering for the Webster Mills Bridge. Qualifications only will be discussed. Mr. Kenneally shared the proposal for the six-wheel truck with the Board. The complete package for the International truck, through Liberty is $95,000; this will be a cost to the town of $25,000 a year. The roadside cleanup is scheduled for Saturday, April 23, 2004. Signup sheets and trash bags are available at the town office and from the Road Agent.
The plow has been ordered for the new one-ton truck. Selectman MacCleery asked that the Road Agent review with the salesman, what equipment will be going on this truck and to get a statement in writing from Hillsborough Ford that by adding this equipment, it will not void the town’s warranty. Sleeper is very convenient for service and the Road agent would like all the plows to be the same. It is time to upgrade the old sander. Mr. Kenneally is going to trade in the existing sander for a hydraulic powered sander (which is the one we are currently renting).
Mr. Kenneally has been approached by a citizen needing to perform community service. It was approved by the Board as long as the individual would be covered under the town’s insurance.
Selectman MacCleery asked the Road Agent to provide the Board with a projection of what the highway department will be working on. This will be helpful when approached by residents who are inquiring about the work they see going on within the town.
The highway department cleaned up the roadway on Hilliard Road after damage caused by Mr. Brown. The Selectmen have received a complaint about the condition of Hilliard Road, at another location as well. This will be looked into.
The Board requested the highway timesheets reflect what day of the month the day of the week fall on; for example, Monday, April 19.
PD –
The department has just solved two burglaries in town. It is believed they are connected to a number of burglaries in neighboring towns. Lt. Kitson has been in touch with the Cops Program in Washington, DC. The paperwork is in progress. Chichester will be receiving $10,549.35 in reimbursement money. Lisa and Lt. Kitson have been coordinating the details. This money will be directly deposited into the general fund.
Last Saturday, seven (7) applicants for the new full time position, were given the physical test. Five (5) passed and moved on to the written testing. Only three (3) are being asked back for the oral boards, which are scheduled for Monday, April 19, 2004.
The new cruiser should be ready at the end of the week.
Call volume has been very high. Accidents have almost doubled and arrests are up.
BI –
Mr. Paveglio has had a request for a building permit at Harris Furniture on Route 4. This building is already at capacity for square footage with out having an installed sprinkler system. Mr. Paveglio will inform them they must go before the Planning Board for site review because they are in the commercial zone, and Mr. Paveglio believes the State Fire Marshall will have to look at the building.
A discussion was held on trying to improve the process for permitting; and the flow of communication between the assessing department, the building inspector and the Planning Board. Often times the homeowner contacts Mr. Paveglio with more information than is known to him. Subdivision plans are not reviewed for accuracy with the Selectmen’s Office as far as map and lot identification or zoning and this leads to problems for Mr. Paveglio when the homeowner applies for a building permit after he/she has purchased the property believing he/she could build the project planned. A smoother process is needed. A suggestion of developing a checklist, as well as taking a look at revising the current building permit and the driveway permitting procedure, was discussed. Lisa and Mr. Paveglio
will work on this and try to brainstorm some ideas and then schedule a work session between all parties.
SUBJECT: PUBLIC HEARING – WEIGHT-LIMIT ORDINANCE
PRESENT: Chairman Colbert, Selectman DeBold, Selectman MacCleery, Administrator Lisa Stevens, Road Agent David Kenneally and four (4) members of the general public.
Chairman Colbert opened the Public Hearing at 8:00pm. Chairman Colbert read the proposed ordinance to the group stating the Boards’ intent of this ordinance was to protect the town’s right to seek damages when someone has torn up a town roadway.
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An exemption may be granted by the Board of Selectmen or their authorized representative (the Road Agent) on an individual basis, to those individuals in which this ordinance would significantly interfere with any land use or enterprise that existed prior to posting.
Mr. Mike Wolfe from Millican Nurseries asked how the ordinance will affect residents who own businesses on posted roads. Mr. Wolfe is concerned that the nursery cannot bring trees in during the spring. The Board answered by stating that the town can not stop the business from operating and will ask that the businesses contact the Selectmen’s Office on an annual basis and apply for an exemption.
Proving who damaged the road was an area of concern that Mr. Jon Bryant, also from Miliican expressed. The Road Agent made a suggestion to the business owners to keep a log book of all deliveries and shipments. This will aid in monitoring who is using the road and when.
Mrs. Briggs lives on Carpenter Road, within the commercial zone. She and her family run a farm. She as well, asked how this ordinance will effect her operations. Again the Board stated the intent of the ordinance was not to prohibit businesses already operating but to curb damages
Mr. Bryant asked what the time period will be. The Road Agent answered that it is mainly dependent on the weather, but roughly it will be from March 1st through April 15th.
Chairman Colbert thanked everyone for coming and offering their input and adjourned the Public Hearing at 8:30pm.
SUBJECT: Wetland Crossing – Trap Road
PRESENT: Mr. Joe Austin
Mr. Austin came to the Board for advice regarding approval for construction of a driveway crossing the wetlands to access his property. Mr. Austin has previously spoken to the Planning Board in a discussion phase and most recently with the Conservation Commission. Mr. Austin stated the Planning Board requires a complete site plan, which most probably will be denied. Once denied by the Planning Board, Mr. Austin can then go before the Board of Adjustment.
Mr. Austin is upset with being taxed for commercial property that he can not access. He has a private agreement with family at this time, but must make other arrangements before that agreement expires.
A lengthy discussion followed as to what options were available to Mr. Austin. Procedurally, any applicant must be denied, either by a decision of the Planning Board or the Building Inspector before they can seek an appeal of an Administrative Decision by
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the Board of Selectmen.
Mr. Austin’s property record card was reviewed and it was explained to him that although he sits within the commercial zone he is being taxed at the residential rate due to the current status of the land. Mr. Austin again stated his belief that he has lost the ability to use the commercial property in the commercial zone. Mr. Austin further stated that the State can not take away access to your home; I don’t think the town can.
Selectman MacCleery suggested Mr. Austin may go before the Board of Adjustment,
seeking a variance for a residential driveway, due to the wetland setback issues. Selectman MacCleery clearly stated this would be no guarantee that approval of that crossing would grant you acceptance or approval for your development. Selectman MacCleery gave Mr. Austin an application for a variance.
SUBJECT: Follow up Lighting Ordinance Discussion
PRESENT: Linda Rauter
Mrs. Rauter told the Board she was delighted the town has passed the zoning, accepting
The new lighting ordinance. Mrs. Rauter asked the Board, what their plans were for establishing guidelines, proceeding with enforcement for new as well as existing, and educating the townspeople on this important ordinance.
The Board explained to Mrs. Rauter that the first step they have taken is to send the new ordinance to town counsel for his review, as it was not done so prior to voting. It was suggested that Mrs. Rauter contact Kate Hall and get updated on what she has been working on for this issue.
GENERAL BUSINESS/BOARD DISCUSSION:
Mr. Tom Jameson stopped by to be sworn in as an alternate for the Planning Board and to drop off the completed Route 4 Corridor Study. Mr. Jameson asked if there had been word back from the town attorney in regards to the clarification on registered vehicles. The Board told him there had not.
The Board denied an elderly deferral for Map 4, Lot 15 due to the filing being received after the deadline set by state statute.
A complaint has been received from the Historical Society regarding gravel blocking the access to Thunder Bridge. The Board directed Lisa to send a letter to Mr. Baas, stating removal must be done as soon as the weight limit is removed on the roads.
After discussion and revision, the Board adopted the Weight Limit Ordinance. Motion Chairman Colbert and seconded by Selectman DeBold to adopt the ordinance with the following revisions;
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Under #A – add the wording “or their authorized representatives” after the word Selectmen
Under #B – insert the words “be required to” after the word may, and further add the words “as determined” after the word surety. All were in favor.
A request for a letter of approval for Weathervane Restaurant to serve alcohol on their outside patio, to dining customers only, was approved with a motion from Selectman MacCleery and seconded by Chairman Colbert. The vote was 2 -1. Motion carries.
The Board requested Lisa to send a memo to the Fire Department, asking for a full explanation of today’s incident involving a town vehicle assisting a private resident.
The town map was reviewed by the Board. Selectman DeBold is working with the Road Agent for updating. It was agreed that if a driveway feeds only one house, that will not be depicted. If a driveway feeds more than one house, it will be considered a private road.
Due to the lateness of the hour, all other items on the agenda were tabled until next week.
The Chairman adjourned the meeting at 11:30pm.
Respectfully submitted,
Lisa Stevens
Administrator
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Chairman Colbert
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Richard DeBold
APPROVED AS CORRECTED _________________________ 4/20/04
Stephen MacCleery
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