Chichester Board of Selectmen
SELECTMEN’S MINUTES
June 1, 2004
PRESENT: Chairman Colbert, Selectman DeBold, Selectman MacCleery and Administrator Lisa Stevens
Chairman Colbert opened the meeting at 7:00pm.
SUBJECT: Impact Fee Requirement, Map 3, Lot 25-B
PRESENT: Mr. Tony Merullo, Mr. David Paveglio; Building Inspector
Mr. Merullo is disputing the town’s requirement to collect an impact fee at the time of issuance of a building permit. Mr. Merullo has received correspondence from the building inspector indicating he will forfeit his permit for this year if the impact fee is not paid at the time the permit is issued. Mr. Merullo’s attorney has sent correspondence to the Selectmen and the Building Inspector indicating in the attorney’s opinion the Town does not have the right, in their zoning regulations, to alter the procedure from what is stated in the law. The interpretation of RSA 674:21 was discussed. The Board of Selectmen are of the opinion that the language speaking to collection and assessment of the impact fee prior to issuance of the certificate of occupancy, allows them the discretion
for the building inspector to collect the impact fee at the time the building permit is issued. This procedure has been followed consistently by the Town since the inception of the growth ordinance. Mr. Merullo asked why the Town was doing it this way and the Board responded it was to keep the building inspector from having to become a bill collector, chasing people for the impact fee and the language of the ordinance(which is based on RSA 674:21) allows them to do so. Mr. Merullo stated this would not be the case with him, he is not building this house for himself and it can not be sold without a certificate of occupancy being issued first; therefore the Town would be guaranteed their money. The Board will take the issue under advisement and respond back to Mr. Merullo.
GENERAL BUSINESS/BOARD DISCUSSION:
Lisa passed along the message from the Road Agent that Mr. Marsh was all set.
Selectman DeBold has the town map back. Some further documentation is needed to backup the changes given. Lisa will check the files for acceptance dates.
Selectman MacCleery had various highway department questions regarding costs and procedures. These will need to be discussed with the department head at next week’s meeting.
Lisa will check on the status of the fuel oil bid with the SAU. A new tank needs to be purchased for the generator at the safety building.
Mrs. Frangione stopped in on her way out and asked if the cement blocks in the upper parking lot could be straightened out. The Board will pass the message along to the highway department. Also, the barrels for the flowers need to be brought over from the barn.
The Board directed Lisa to respond to Mr. Meehan’s correspondence. A letter has been received from the Fire Department indicating the issue has been taken care of.
The Hess Signage issue was tabled until next week.
The Board signed payroll, accounts payable and the 2003 yield taxes.
The minutes of May 25, 2004 were approved as written.
Legal correspondence, mail and e-mail were reviewed.
Being no further business, the Chairman adjourned the meeting at 10:20pm.
Respectfully submitted,
Lisa Stevens
Administrator
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Chairman Colbert
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Richard DeBold
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Stephen MacCleery
NOT YET APPROVED
Page two of two, June 1, 2004
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