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BOS Minutes July 5, 2005
Chichester Board of Selectmen
SELECTMEN’S MINUTES  
July 5, 2005

Present:  Chairman DeBold, Selectman MacCleery and Patty Wooster, Administrative Assistant.  Selectman Colbert was absent.  Chairman DeBold opened the meeting at 7:00PM.

SUBJECT: Mr. Cameron Hebert

HIGHLIGHTS:  Mr. Cameron Hebert met with the Board of Adjustment on June 29, 2005.  Mr. Hebert would like to purchase a piece of property located on Route 4, however, that land does not have road frontage, just a deeded 50’ right of way.  The lot is large enough for a house; he has no intention of subdividing this land.  The Planning Board denied Mr. Cameron’s request as the lot is deemed a non-buildable lot because there is no road frontage. Mr. Hebert went to the Board of Adjustments with an Administrative Appeal at the meeting the Administrative Appeal was changed to a Variance Request.  

The piece of property falls within the setback for commercial use; if it is being used as residential, it must meet today’s zoning.  If the soil type is residential that would require a 200 foot frontage and if the soil type is rural/agriculture then the requirements would be a 300 foot of road frontage.

Mr. Hebert came to the Board of Selectmen to seek advice.  Mr. Hebert thinks that the property he is interested in is a “lot of record.”  In 1973 a subdivision was created, but never acted upon.  The lots were either given or sold.  Mr. Hebert presented the Board with the case of Belluscio v Town of Westmoreland.  In that case the Belluscio’s were denied by the Board of Adjustment to build a home on a lot that did not have frontage on a public road, access to the land was via a deeded right of way.  The town argued that the statute requires the lot have frontage on a Class V Highway.  The court rejected that argument holding that “access” as the word is used in the statute requires that a landowner have an unobstructed right to pass from his land to a Class V Highway.  The court found that the requirement was met.

Mr. Hebert was advised that the Town Attorney was forwarded the information and the Board of Adjustments was waiting to here from the Attorney.  Mr. Hebert was given a copy of RSA 674:41 and was advised to read it over.  Mr. Hebert will be meeting with the Board of Adjustments on July 20, 2005.  Mr. Hebert asked Patty if she would get him on the Planning Board’s agenda for August 4, 2005.

SUBJECT: Mr. Paul Taylor Chichester Congressional Church

HIGHLIGHTS:  Mr. Paul Taylor met with the Selectmen on behalf of the church.  He said he wanted to let the Town know about the proposed expansion.  He presented the Selectmen with a long range plan.  Currently the church is planning to meet with the Planning Board.  Mr. Taylor showed the Selectmen Phase One of the plan.  Phase One includes:

¨       Classroom space;
¨       Youth space;
¨       Fellowship space; and
¨       Parking spaces

Mr. Taylor said that he had spoken to Fire Chief Mike Paveglio regarding a sprinkler system.  He stated that a wetland survey is being completed.  Sunday Services will be held in the new building once they are completed.  Mr. Taylor said in the next phases the parsonage will be torn down; more parking spaces will be added and possibly two ball fields will be added.  Mr. Taylor is hoping to begin site work in the fall; the first on the schedule is to increase the parking.

SUBJECT: General Business

HIGHLIGHTS:  Chairman DeBold said that he was approached by a member of the Chichester Youth Association.  He said they asked if it would be ok to post on the sign in front of the Town Hall information about a Soccer Clinic.  The Selectmen agreed.  Patty will contact the Chichester Youth Association.

The Selectmen reviewed Mr. Paul Adams’ letter regarding roadside mowing.  The Selectmen will take Mr. Adams’ comments under consideration.

Patty asked the Selectmen if she could attend a training session that is  being sponsored by the New Hampshire Assessors Association.  This training session will teach RSA’s as they apply to the Town regarding current use tax, timber tax, etc.  The Selectmen gave their approval.

The Board signed payroll and accounts payable.  

Legal correspondence, mail and e-mail were reviewed.  

Minutes from June 28, 2005 were reviewed and signed

Being no further business, Chairman DeBold adjourned the meeting at 10:00pm.

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