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BOS MInutes August 23, 2005
Chichester Board of Selectmen
SELECTMEN’S MINUTES  
August 23, 2005

Present:  Chairman DeBold, Selectman MacCleery Selectman Colbert, and Patty Wooster, Administrative Assistant.  Chairman DeBold opened the meeting at 7:04PM

SUBJECT: Fire Department

HIGHLIGHTS:  Fire Chief Mike Paveglio stated that he was working in conjunction with Emergency Manager Director, John Martell regarding an “emergency table top exercise”.  Mr. Paveglio and Mr. Martell have contacted LMK Emergency Planning Associates for a proposal to plan and implement an emergency table top exercise.  The cost is approximately $1,500.00.  Mr. Paveligo stated that there is a grant that will help with the cost of this exercise.  He said in order for the Town to receive this grant, all first response parties; meaning, Selectmen, Road Agent, Police Chief, Fire Chief and Emergency Manager Director have to become certified in National Incident Management (“NIMS”).  The class can be taken through the FEMA website.  The consultant will provide technical compliance support; assist with a scenario, objectives and timeline development; identify strengths and weaknesses; identify areas requiring corrective actions; conduct key staff operational orientation; and conduct evaluation, debriefing and compile comments.   The table top exercise is scheduled for January 14, 2006.  

SUBJECT: Building Inspector     

HIGHLIGHTS:  Mr. David Paveglio had nothing to report except that he has 7 permits left for next year.

SUBJECT: Emergency Management

HIGHLIGHTS:  Mr. John Martell had nothing to report.

SUBJECT: Highway Department

HIGHLIGHTS:  Mr. David Kenneally reported that he and Chairman DeBold took a walk around Connemara Drive, particularly the area where Mr. Jeff Pullen lives.  Last week Mr. Pullen met with the Selectmen regarding washouts after a heavy rain.  Mr. Kenneally stated that he thought he knew why there was a problem.  He said Mr. Pullen’s driveway did not have a culvert.  During the week, Chairman DeBold asked Patty to make copies of a few driveway permits on Connemara Drive.  The Board carefully reviewed the documents.  In the permit process the road agent puts specifications on the driveway permit and it is up to the contractor to fulfill those specifications and when completed the road agent inspects the driveway and if all specifications were met then the road agent would sign off on the permit.  On Mr. Pullen’s permit it clearly stated “30’ of 15” culvert needed”.  The road agent did not sign off on the permit, however, the contractor did.  Selectman MacCleery stated he thought it was not the Town’s responsibility to place a culvert at Mr. Pullen’s driveway.  Chairman DeBold agreed with Selectman MacCleery.  Chairman DeBold stated that he thought the uphill loam should be taken down. He said that he and Mr. Kenneally talked to Mr. Pullen’s neighbor and explained to her what the problem was.  She agreed to allow Mr. Kenneally to take out the loam, however Mr. Kenneally would have to replace the lawn, but before she gave a positive go ahead she said she needed to speak to her husband. Mr. Kenneally stated that the ditch line was wrong and the Town accepted it, so the Town needs to repair the ditch line and re-shape the ditch.

Selectman Colbert stated that he was approached by a  resident who was requesting Mr. Kenneally put up a sign “Blind Driveway” on Bear Hill Road.  Mr. Kenneally told the resident he could not put up the sign, because that would make the Town liable.  He told the resident that they could put up the sign and he would not remove it.  

Patty told Mr. Kenneally that she had received several calls regarding the “pot holes” that are located at the end of Cross Road where it meets Route 4.  Mr. Kenneally said he has cold-patched the holes, but drivers pull away so quick that it rips up the cold patch.  He said Cross Road was scheduled to be paved.  Mr. Kenneally stated that Smith Sanborn Road needs to be shimmed and over-laid.  He said he would like to go back to his original bid from Brach where the price per ton was $39.50.  Selectman Colbert made a Motion to include Smith Sanborn Road for resurfacing with the two other roads, Cross and Depot Road.  Chairman DeBold seconded the Motion.  A vote was taken and all were in favor.  Selectman MacCleery stated he would like this work done for the original bid price from Brox Paving.

SUBJECT: Mr. Brandon Guida

HIGHLIGHTS:  Mr. Guida told the Selectmen that he had purchased the country store.  He said there were numerous environmental violations that he has taken care of.  He said that the underground tanks need to be taken out and he said he would like to; at the same time remove two buildings on the end, one building is 18’x 20’ and the other building is 20’x 24’.  He said both of the buildings are in the State’s right of way.  He said the reason he came to the Selectmen was because he wanted assurance that he would not loose the “foot print” of the buildings.  He said he wanted to replace the buildings, but place them further back from the road.  He said he did not want to go for a variance.  Chairman DeBold stated he thought that request may be beyond the Selectmen’s authority and that it maybe up to the Planning Board to make that decision.  Mr. Guida said that the Selectmen do have the authority.

Selectman MacCleery read through the Zoning and found Article IV Non-Conforming Uses.  Which in part states: The Zoning Ordinances as adopted and amended shall not apply to existing structures or to the existing use of any building which is non-conforming.  It shall apply to any alteration or expansion of a non-conforming use or building………When an existing non-conforming use has been discontinued, the land and buildings shall thereafter be used only in conformity of this Ordinance.  For the purpose of this provision, a use will be considered discontinued when it has ceased for a period of twelve months………. Mr. Guida was requesting an extension of the twelve months due to the fact that he was not certain how long and what was involved in removing of the tanks.  Chairman DeBold told Mr. Guida to come back before the twelve months were over and ask for an extension then.
SUBJECT: Mr. Jeff Pullen

HIGHLIGHTS:  Chairman DeBold gave Mr. Pullen a copy of his driveway permit.  He told Mr. Pullen that the responsibility falls back on the contractor to install a culvert.  He advised Mr. Pullen to get in touch with the contractor.

SUBJECT: General Business

HIGHLIGHTS:  Only one Fuel Company submitted a bid for fuel for the Town Buildings.  It was Davis Fuel their price is $1.899 per gallon.  Chairman DeBold made a Motion to accept the fuel bid from Davis Fuel.  The Motion was seconded by Selectman MacCleery.  A vote was taken and all were in favor.  Patty will send out a letter awarding the bid to Davis Fuel.

Ms. Andrea Deachman met with the Board seeking advice.  Apparently, Five Hills Estates Association owns land that abuts to the land that Canterbury Cove is developing.  Ms. Deachman stated that she sent out certified notices to all abutters about the meeting that is going to be held on September 1, 2005.  The Five Hills Estate Association’s notice came back to her, undeliverable. She asked the Selectmen if they thought Canterbury Cove had to notify all the owners of the property.  Selectman MacCleery said all abutters should be notified.  

Chairman DeBold gave each member of the Board a memo with his thoughts for next year’s budget.  The Selectmen will look it over and discuss it at the next meeting.  The Selectmen reviewed an application for a volunteer for the Budget Committee.  The Selectmen will meet with him next week.   

The Selectmen had received a letter from the Town Engineer regarding the Malachy Glen II Subdivision. In the letter he states that J. Hiltz is starting work on the project.  He wanted to know if Mr. Mullaney has money in the escrow account so the Town Engineer can start observations as soon as the Town gives its authorization.  Ms. Deachman told the Board that there was enough money currently, but she would contact Mr. Mullaney for more money.

Patty reported to the Selectmen that Bartlett Associates had contacted her asking for a letter stating that Smith Sanborn Road is not a scenic road.  She asked the Selectmen if she should send out that letter.  The Selectmen agreed that it would be ok to send the letter.

Mrs. Frangione came in the Selectmen’s office and spoke to Patty about tax exemptions for historical barns.  She told Mrs. Frangione that she would speak to the Selectmen.   The Selectmen informed Patty that the process and qualifications were difficult.  They said they would be glad to speak to Mrs. Frangione about this.

Patty reported that she had received a call from a title company regarding a resident who was re-financing.  In that call they said that this resident had a lien on the property and asked her if she could research the origin.  Patty told the Selectmen that she found no evidence of a lien except what was posted on the Merrimack Registry of Deeds website.  She did say that bank reported to the title company that the amount of the lien was for $425.00.  Patty said she will continue her research.

Patty reported that she sent a letter to the Selectmen in Pittsfield regarding a date for the perambulation.

We would like to thank all those who worked so hard on creating a FANTASTIC     Old Home Day.  All had a great time!  THANK YOU SO MUCH FOR ALL YOUR DEDICATION AND HARD WORK!   GREAT JOB!!!!!

The Board signed payroll and accounts payable.  

Legal correspondence, mail and e-mail were reviewed.  

The Minutes from August 16, 2005 were reviewed and approved.

Being no further business, Chairman DeBold adjourned the meeting at 11:00pm.

Respectfully submitted,

Patty Wooster
Administrative Assistant


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Chairman Richard DeBold
        


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Stephen MacCleery  


                                                
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David Colbert



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