Chichester Board of Selectmen
SELECTMEN’S MINUTES
July 6, 2004
PRESENT: Chairman Colbert, Selectman DeBold, Selectman MacCleery and Administrator Lisa Stevens
Chairman Colbert opened the meeting at 7:00pm.
SUBJECT: Davis Road
PRESENT: Mr. & Mrs. William Stevens, Mr. & Mrs. George Blackman, Mr. & Mrs. Ian Blackman, and Mr. Anthony Blackman
Mr. Stevens asked the Board what procedure he must follow to work on improvements to Davis Road. Mr. Stevens presented the Board with a petition which referenced the RSA to upgrade the road from a Class VI to a Class V. Mr. Stevens indicated that is not what he wants to do. He just wants to do a betterment to the road to reach his property for logging purposes. Much discussion followed as to the purpose of what Mr. Stevens would like the road improved for and the width of the road having to be from stonewall to stonewall. Some tree removal will be necessary. The Board stated they would research the correct procedure and RSA to follow and forward that information to Mr. Stevens.
Mrs. Stevens asked why the bridge has been posted. They have more timber to take off their property. Mrs. Stevens stated that every time they try to do something on their land, another roadblock is put in front of them. She believes they are being unfairly treated.
The bridge has been posted to insure the Town that if damages occur by an outside party, the town will be able to collect for the damages done. Selectman DeBold and Selectman MacCleery agreed the bridge should be looked at by the town engineer to protect both parties. Mr. Stevens stated you shouldn’t treat this culvert any different than one on any other town road. It is Mr. Stevens’ opinion that the town is responsible for damage to the roads and culverts. He further stated it is the town’s responsibility to make the roads safe for all who travel them.
The conservation easement on the Blackman property, leading to Davis Road was discussed. The Town is responsible to abide by the conditions of the easement.
Mr. Tony Blackman asked for clarification that the trees are the homeowner’s property and the Town is obligated to notify the homeowner before any timber is cut. The Board acknowledged this to be correct.
Mr. Ian Blackman indicated his desire to work amicably with the Stevens’. He suggested all parties involved sit down together and discuss it.
The Blackman’s interjected their concern for the recent tree markings on Blackman Road. The Town did not authorize its’ employee or any agent to do so. This was an unlawful act by two local residents. Since the trees are the property of the homeowner, this appears to be a civil matter between the landowner and the two individuals alleged to have done the markings.
SUBJECT: IMPACT FEE – MAP 3, LOT 25-B
PRESENT: Mr. Tony Merullo
Mr. Merullo asked the Board of Selectmen to reconsider their decision to require the impact fee to be paid at the time of the issuance of the building permit. Motion Chairman Colbert and seconded by Selectman DeBold to deny reconsideration of Mr. Merullo’s decision. All were in favor. The Board holds to their interpretation of the word prior in RSA 674:21, to allow for the collection of the impact fee by the building inspector, at the time of the building permit issuance.
Mr. Merullo asked the Board what happens now to the building permit. Motion Selectman DeBold and seconded by Selectman MacCleery that the building permit currently reserved for Mr. Merullo remain available through the timeframe of thirty (30) days from the date of decision, as stated in the letter from the Board of Selectmen, dated June 16, 2004, to allow for the appeal process. Mr. Merullo’s options are to appeal to the Board of Adjustment by July 16, 2004, or pay the impact fee. If Mr. Merullo fails to do either one, the permit becomes available to the first person on the building permit waiting list. All were in favor.
GENERAL BUSINESS/BOARD DISCUSSION:
The Hess measurement report was reviewed and finalized. The findings indicate the Hess Station to be in gross violation of the signage allowed at permitting time. The Board directed Lisa to send notice to the New England Corporate Office that failure to correct the violation by July 20, 2004, will result in the assessment of one hundred dollars ($100.00) per day penalty until the Hess Station comes into compliance.
The Board reviewed correspondence from a group of concerned citizens for outdoor lighting. Clarification from the Board of Selectmen’s minutes dated June 29, 2004, the group was inadvertently called a committee. No formal action has been taken by the Board to establish a committee. Lisa will draft a letter of response to the group addressing their questions. The Board encourages the group to work with the Planning Board on these issues.
The Discretionary Preservation Guidelines were adopted. Motion Selectman DeBold and seconded by Chairman Colbert to accept the final draft of the Discretionary Preservation Easement Guidelines and Checklist. All were in favor. Lisa will arrange for a site visit by the Board of Selectmen, to the Schreier property for evaluation of the barn.
Page two of four, Board of Selectmen minutes, July 6, 2004
Selectman MacCleery has reviewed the Federal Motor Carrier Safety Regulations Handbook. No where did it indicate that a municipal employee would be exempt from CDL licensing when operating a vehicle which weighs over 26001 pounds. The Road Agent will need to secure his CDL license prior to the arrival of the new six wheel truck. Motion Selectman DeBold and seconded by Chairman Colbert to require all personnel driving the town owned six wheel truck, be required to have a current CDL License. All were in favor. Random drug testing, as required by law, will also begin for all employees operating town owned equipment weighing over 26001 pounds.
In final discussion on the tree marking incident that took place on Blackman Road, a motion was made by Selectman MacCleery and seconded by Selectman DeBold that this is a civil matter between the landowner and the parties that defaced the trees. All were in favor. Unfortunate as it may be, the Board has determined the trees are the homeowners property.
Discussion of the results of the site visit to the Hebert property was held. The Board has determined the following results; Mr. Hebert is allowed five (5) unregistered antique vehicles and one unregistered newer vehicle. Mr. Hebert will be required to construct a permanent structure or suitable fencing to obscure the vehicles from view of the abutters (as required by RSA 236:123). Mr. Hebert has the option to inspect the Ford or get rid of the Chevy, thus having only one unregistered/un-inspected vehicle of newer age remaining on the property. Also noted was the presence of several used appliances. These will have to be removed from the property as well. Mr. Hebert was given ninety (90) days to correct these issues. Lisa will send notification to the Hebert’s and forward a copy of the
correspondence to the Jameson’s.
Selectman DeBold informed his fellow Board members that it will be the Town’s responsibility to secure any and all easements from the homeowners, for work along the Route 4 Corridor project.
Lisa reminded the Board, her vacation is scheduled for the week of July 19, 2004. Erin will cover the Selectmen’s meeting.
The minutes of June 29, 2004 were approved as written.
Mail and e-mail were reviewed.
Being no further business, the Chairman adjourned the meeting at 11:00pm.
Page three of four, Board of Selectmen, July 6, 2004
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
7/13/2004
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