Chichester Board of Selectmen
SELECTMEN’S MINUTES
April 26, 2005
Present: Chairman DeBold, Selectman Colbert, Selectman MacCleery and Patty Wooster, Administrative Assistant. Chairman DeBold opened the meeting at 7:00PM.
SUBJECT: Mr. Ronald Duford, Hilliard Road
HIGHLIGHTS: Mr. Ronald Duford, whose property is Map 7 Lot 1 met with the Selectmen regarding his property pin. It seems that his property pin is located right on the very edge of the road. Mr. Duford would like the road to be relocated over to the right. He said before the subdivision project was started he and other abutters meet with the Planning Board, owner and contractor. According to Mr. Duford, the contractor and owner agreed to relocate the road. He has been waiting approximately 4 years for the road to be relocated. Mr. Duford wanted to know whom he should speak to about this issue. The Selectmen told him he was in the right place. Selectmen Colbert said he had spoken to the Road Agent, Mr. David Kenneally about this problem. Mr. Kenneally said
that it would not cost that much to relocate the road. Mr. Kenneally thought that he could do it. The first step is to find the minutes of the Planning Board meeting where the contractor and owner agreed to relocate the road. The next question, is the subdivision contractor responsible to relocate the road and who should have followed up? Apparently, A the former Road Agent should have followed up with this project.
SUBJECT: Mr. Robert Mann-Conservation Committee
HIGHLIGHTS: Mr. Mann stated the Conservation Committee has hired VHB Consultants (“VBH”). They will be conducting wetland studies on the southern parts of Town. Mr. Mann stated he was going to notify the affected residents by mail and hold a public meeting in mid-June to explain to the residents what VHB will be doing. Mr. Mann stated the residents could refuse to have the study done on their property. Mr. Mann asked if the Selectmen could do a letter of introductory, so if a resident sees someone on their property, VBH will have identification and the letter of introductory.
SUBJECT: Marsh Dam
HIGHLIGHTS: Present were Mr. Bob Cavacco, Attorney Arthur Perkins, Bob Mann, Walt Sanborn, Gordon Jones and Mike Marchand
Arthur Perkins, who is the attorney for Bob Cavacco addressed the Board with respect to the dam at Marsh Pond. He said that Mr. Cavacco would make a contribution to the cost of the dam replacement, however, Mr. Cavacco wants to participate in the decision making for the dam. Mr. Cavacco stated beavers are making a dam and that dam cannot be disturbed. He said he is concerned for the wildlife and fish. He stated that there are grants that can be used to help with the expense of the dam. He also stated that Dale Guinn wanted the dam registered. Attorney Perkins said that his client (Cavacco) wanted to lend a hand, but was unable to provide financial support, but would offer an easement. Attorney Perkins asked if the Town was interested in replacing the dam. Chairman DeBold
responded that he was not sure what the Town wanted and it would have to be addressed at the next Town meeting in March. Selectman Colbert stated that the concrete and sandbags should have been removed earlier in the year to comply with State requests and the beavers would have rebuilt the dam by this time. Mr. Cavacco stated that the concrete and sand bags cannot be removed because it would damage or destroy the beaver dam, that the concrete and sandbags were a part of the beaver dam. Attorney Perkins mentioned that RSA 210:9 protects the beaver dam. Selectman MacCleery read aloud the RSA and it states in part: ….executive director or the department of environmental services, a landowner, landlord’s employee, tenant or caretaker or any town or municipal or state official or employee, may destroy beaver and beaver dams on property under their control to protect property, public highways, or bridges, from damage or submersion with the permission of
the owner of lands affected, if applicable
Mr. Cavacco stated that the Town did not have his permission. Selectman Colbert told Mr. Cavacco that we did not need his permission to remove the Town’s half of the dam.
The Board was in agreement that public safety was foremost. They can not jeopardize the safety of the public.
Mr. Bob Mann of the Conservation Committee (“Committee”) stated that on April 7, 2005 the Committee took a vote and decided the Committee would take ¼ of the responsibility of replacement of the dam. He said that he visualized equal shares, between Mr. Cavacco, grants, the Committee and the Town. He said it was the intent of the Committee to put out RFP’s to get a firm cost estimate and design of the dam replacement. He said he could not apply for the grants without an estimate and design. Chairman DeBold asked Mr. Mann who was going to absorb the cost of the estimate. He said the cost for the estimate and full could be as high as $10,000.00. Mr. Mann said the Committee would absorb the cost. Again, he wants reassurance from Mr. Cavacco that he will
provide his equal share. Attorney Perkins stated that his client has no money but could offer the Town easements. Mr. Mann stated the easements needed to be equal to the Town’s share.
Chairman DeBold stated that the Board would not be registering the dam at this time. He asked Mr. Mann to work with Mr. Cavacco to see what the property value was and he would like to keep the discussion open between the Town, Mr. Cavacco and the Committee. Chairman DeBold said he would like to see some serious commitment and give and good will from Mr. Cavacco. Mr. Cavacco stated he was not contributing anything nor was he going to give any consideration. He then accused Mr. David Kenneally of taking too much water out of the pond. Mr. Kenneally asked Mr. Cavacco if he measured the pond before and after the pond was taken down. Mr. Kenneally stated that he took 18 inches of water out of the pond, the amount that was agreed upon by both parties.
Chairman DeBold asked Mr. Mann when the deadline was for applying for grants. Mr. Mann was not certain, but he could not start the application process without a formal estimate. The Board will decide on a cut-off date to make a decision to accomplish some sort of plan.
Chairman DeBold ended the discussion with he was glad all the parties involved were still talking, but reiterated that he is unsure of what action the State will be taking in the near future say since the dam has not been registered by either party.
SUBJECT: Swearing in appointed officials
HIGHLIGHTS: Mr. Gordon Jones and Mr. Mike Marchand were sworn in as members of the Conservation Committee and Mr. David Colbert was sworn in as a member of the Parks and Recreation Committee.
SUBJECT: Mr. David Kenneally
HIGHLIGHTS: Mr. Kenneally said he had removed the road posting. He said that several Concord City Trucks were using Horse Corner Road to haul landfill and he could not enforce the posting. The police department is the only ones who can enforce travel on posted roads. Since the police department was not providing enforcement, he pulled the posted signs.
Selectman Colbert questioned Mr. Kenneally about a letter he wrote and sent to Epsom regarding Highland Drive. Selectman Colbert asked Mr. Kenneally to write another letter to Epsom explaining to them that any questions they have must be directed to the Planning Board or the Board of Selectmen. Selectman Colbert reminded Mr. Kenneally that he has no authority to tell a contractor what is acceptable to the Town.
Mr. Kenneally asked the Board who would be responsible for expenses that are incurred by the Road Advisory Committee. Chairman DeBold said there was no money for the Road Advisory Committee, therefore no expenses should be incurred. Mr. Kenneally told the Board that a Chairman had been selected, the Chairman of the Road Advisory Committee is Mr. Dennis Call. The Committee met last Thursday. The Committee was broken down into three (3) sub-groups, each group has a section of Town to evaluate the roads. A date was set for completion of this project.
SUBJECT: General Discussion
HIGHLIGHTS: The Selectmen reviewed a Petition to the Probate Court. The Petition is to close an estate. The Tax Collector, Evelyn Pike informed the estate still owes money to the Town. A Motion was made by Selectman Colbert to abort the $161.91 due to the fact there is no money in the estate and only owns an old, uninhabitable house trailer that the Town would not want. A vote was taken and all were in favor. The Motion carried. Patty will ask Mrs. Pike to abate the money owed.
Chairman DeBold met with the Town Attorney, Mr. Bart Mayer with questions regarding the Moore property on Horse Corner Road. Mr. Samuel Moore purchased a piece of land sometime in 1983. This piece of land has a road frontage of 50 feet. The Town zoning requires that you have a minimum of 200 feet road frontage. Last week Selectman MacCleery showed the Board an approved sub-division of this property. Nowhere on the plat did it say that the land was not “buildable” Chairman DeBold met with Mr. Mayer to ask him if the Town could enforce the current zoning requirements which would essentially prevent Mr. Moore from building on the land. Mr. Mayer asked several questions for Chairman DeBold to investigate:
1. Is there anything mentioned in the deed;
2. Was the property purchased with any restrictions;
3. Was the property assessed a buildable lot; and
4. Was there any previous information in Planning Board Minutes?
The answer to questions 1 and 2 were No. The answer to question 3 was Yes. Mr. Mayer asked if the Selectmen appealed the decision of the Planning Board 30 days after their decision. The answer was No. Mr. Mayer suggested that if the party wanted to go to Court to request they be allowed to build, that this case could not be defended very well and that the Town’s zoning requirements applicable to this previously approved sub-division could not very likely be enforced. Chairman DeBold made a Motion: After further investigation and following the meeting with Town Counsel it is so determined from all review of this case that Map 2 Lot 26-A, owned by Mr. Moore, will be considered a buildable lot. The Motion was seconded by Selectman MacCleery. A vote was
taken and all were in favor.
The Board reviewed a letter from Mrs. Demers regarding the Fire Department. The Board asked Patty to give a copy of the letter to Chief Paveglio.
The Board signed payroll and accounts payable.
Legal correspondence, mail and e-mail were reviewed.
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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