Chichester Board of Selectmen
SELECTMEN’S MINUTES
May 1, 2007
MEMBERS PRESENT: Chairman Colbert, Selectman DeBold, Selectman MacCleery and Administrator Lisa Stevens.
Chairman Colbert opened the meeting at 7:00pm
SUBJECT: Alleged Zoning Violation- Horse Corner Road
PRESENT: Frank Lemay
Mr. Lemay brought to the Board’s attention what he believes to be a commercial business operating from his neighbor’s home, which is in the residential zone, without planning board approval. Mr.Lemay has researched the business on the internet and had copies of the website advertising that he gave to the Selectmen. It appears the homeowner is running a kennel. Mr. Lemay believes the business to be a public nuisance. He has called the police department in the past regarding the excessive barking and the police have been responsive; however there is only so much the police can do. Mr. Lemay respectfully requested the Selectmen issue a cease and desist. The Selectmen will look into this matter and keep Mr. Lemay informed.
SUBJECT: Concern over Conservation Commission Activities
PRESENT: Brandon Giuda
Mr. Giuda spoke with the Selectmen regarding his concerns with the Conservation Commission’s activities. Mr. Giuda has written and circulated a flyer to those property owners in North Chichester noticed for Phase II work, voicing his opposition. Mr. Mann, Chairman of the Conservation Commission wrote a letter of response to Mr. Giuda. The Board has not had the opportunity to read it as yet. Mr. Giuda’s concerns are, moving forward with Phase II of the Wetlands Study without first holding another public hearing, moving forward with Phase II after the people have clearly voiced their opposition to it, mis-allocation of funds by the commission and finally the commission chairman’s belief that homeowner consent is not needed to enter onto private property.
Points brought out during this discussion were, the big objection during Phase I was improper notice/consent to homeowners; as part of the Master Plan update, there was a strong response by the townspeople to the survey question to protect the town’s natural resources. The Natural Resources Inventory (already completed) states where in town we wish to preserve.
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May 1, 2007
SUBJECT: Fire Chief Letter
PRESENT: Matt & Kristina Cole
The Board discussed the necessity for the non-public session the Cole’s had requested. Mr. & Mrs. Cole elected to keep the appointment open. Matt & Kristina voiced their concerns over what they felt was a threatening letter, that was carbon copied to the Selectmen, requesting them to remove the web-link to the Suncook Valley Fire Department from the town’s website. The Cole’s stated they had nothing to do with the link or the group advertised on this link other than to own an old fire truck. Mr. & Mrs. Cole have met with the Fire Chief to discuss this letter that indicates disciplinary action may be taken should the link not be removed. The Cole’s stated a phone call first would have been more appropriate. The Cole’s felt they were not given a straight
answer from the Fire Chief as to who directed this correspondence.
The Board of Selectmen cautioned Matt & Kristina not to take this letter too personally. The Selectmen do not see this as a negative reflection on the Coles. The Board did not look at this as a personnel issue. Chief Vien approached Chairman Colbert and the Town Administrator; Joyce Vien had called Selectman MacCleery seeking background information about this link. The town did not authorize this link and was not aware it was there. Chief Vien was advised to handle matters in writing, this is standard procedure.
The link has been removed. This brought up the discussion as to who removed it and who is authorized to post and remove information on the town’s website. Lisa did not remove the link. She will inquire with webmaster, Fred Shaw. These are the only two people authorized to work on the town’s website.
Mr. Cole stated this letter speaks to leading by intimidation and harassment and goes to a pattern. Mrs. Cole made the recommendation that a second party review correspondence prior to it being sent out, either the Deputy Chief or another Officer as a measure of checks and balances.
Chairman Colbert asked the Coles to give the Fire Chief a chance; it has only been two weeks. Selectman DeBold was glad to hear the Coles had gone to the Fire Chief first to discuss this. Selectman MacCleery was glad to see the Fire Chief had written a follow-up letter. Chairman Colbert apologized on behalf of the Fire Chief. The Board will bring this feedback to the Fire Chief’s attention.
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May 1, 2007
Mr. Cole gave the Selectmen a letter regarding a separate incident with Chief Vien on the day of his appointment. Mr. Cole’s work scheduled prohibited him from coming in sooner. The Coles requested a written response from the Board.
SUBJECT: Retaining Wall damage
PRESENT: Jay Baas
Mr. Baas informed the Selectmen of the damage received to the retaining walls that abut his property on Depot Road and the Suncook River. One retaining wall was washed out and water is getting behind the big wall. His insurance company has informed him he is not insured for surface water damage. Mr. Baas has contacted FEMA and received a claim number. Mr. Baas has made an attempt to contact the Emergency Management Director and has yet to get a response back from him. FEMA needs the town officially notified to go on record that there is a problem at this site. The Road Agent has gone and assessed the damage as well as Chairman Colbert and Selectman DeBold. Mr. Baas has told FEMA that an historical structure is threatened. Lisa has relayed Mr. Baas’s message to the EMD.
Mr. Baas also discussed what procedure was necessary to complete the lot line adjustment with the town. The Selectmen’s office notified the planning board that Mr. Bass’s site plan review did not show the old and new boundary lines from the annexation with the town’s parcel, nor has a separate plat showing the lot line adjustment ever been submitted for recording. The office can not proceed further and the site plan can not be recorded as drawn because it depicts the new boundaries. The question arose, is a public hearing required? This was approved by the town at the 2006 Town Meeting, there is no impact to abutters and this is not creating any new lots. Lisa will contact the town attorney for an answer to this question and notify Mr. Baas. If another public hearing is not necessary,
the planning board chairman can sign the plat at Thursday night’s meeting. Mr. Baas will contact his surveyor and attempt to have a Mylar and six copies ready for signature.
SUBJECT: Fire Department
PRESENT: Chief Vien
Gil informed the Selectmen that the majority of the fire department members would rather keep the dodge truck instead of the military vehicle. Members do not want to drive it. It does not go very fast the proposed tank does not have a baffle and could roll over easy when full of water. It can be used as strictly a forestry vehicle. There is no requirement for a baffled tank on a forestry vehicle. Lisa could not find any decision in past Selectmen’s minutes that indicated the dodge truck had to go when the military vehicle was put in service. The Board of Selectmen will look for the recommendation from the fire department as to what vehicles they want to keep in the fleet.
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May 1, 2007
GENERAL BUSINESS:
The Board discussed which method of disposition they preferred for the Police Explorer. The Board agreed to sell at auction in Pittsfield with a reserve limit of $5,000.00.
Selectman DeBold reported on the references check for Saints Lawn Care. Motion Selectman MacCleery and second Selectman DeBold based on the favorable report from references and conditional upon satisfactory proof of insurance, award the grounds keeping bid for the 2007 season to Saints Lawn Care of Pembroke, NH. All three were in favor. Motion carries.
Lisa discussed the correct use of the property identified as map 9, lot 109. There are two dwellings on this one lot. The question has arose as to whether the second dwelling, a mobile home was approved as elderly use or were the two dwellings on the lot prior to any elderly zoning regulations. Originally, the Selectmen’s office was led to believe through notes in the property file, that the homeowner must remove the second dwelling because the elderly use no longer existed. After thorough research of the planning records for this property, approval was granted by the planning board for the business, one room apartment in the business and a replacement mobile home that the owners intended to rent out in 1989. Both dwellings have been on the assessment records at least since 1980. This
predates the elderly waiver that went in the zoning ordinances in 1981.
Lisa will contact the attorney inquiring into this matter and explain what she has found.
Lisa will research the Selectmen’s minutes from 1981 for any zoning requests for this property.
Chairman Colbert informed the other board members what his recommendation would be for the Town Organization Committee to focus on going forward. This would be a standard bidding process. The Board and the Town Organization Committee are meeting on May 15 to discuss the direction for going forward.
The correspondence from the Department of Revenue Administration regarding the wording on the amendment to Article #12 was discussed. Lisa will review with the town clerk.
Selectman MacCleery gave notice to the other board members that Mark McIntosh’s appointment on the Board of Adjustment is expiring. He will need to be reappointed immediately because the BOA has a hearing scheduled for Wednesday evening. The Board approved of Mr. McIntosh’s reappointment to the Board of Adjustment.
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May 1, 2007
Ms. Deachman stopped in to update the Board on the situation surrounding the lot line adjustment for Mr. Baas and a public hearing will not be necessary because the town was noticed for the 2006 town warrant and the lot line adjustment was approved at the 2006 town meeting. She also let the Board know she has spoken to Mr. Vinson from TF Moran regarding the Congregational Church’s expansion project and Mr. Vinson indicated to her that a final plan has not been sent to the town (as alleged by a member of the church) because the surveyor has yet to sign off on it.
Accounts payable and payroll were signed. An incorrect invoice for Mayville Trucking was held. Lisa will review the procedures for submitting contractor’s invoices with the highway department and the book keeper to prevent this issue from continuing.
The Board signed Timber Tax Levies for Map 4, Lot 147A; DuPont - $253.67 and Map 1, Lot 3; Day - $552.11
Lisa’s research of 2005 Selectmen’s minutes did not find discussion regarding attorney protocol established by the Board.
The Board signed forty-one, received to date, applications for exemption of a residential use in a commercial zone. The town has always allowed the exemption but has been lax in sending out the applications on a yearly basis. Regrettably, this year’s filing created a lot of confusion for the homeowners.
The Board approved the minutes of April 24, 2007 as written.
Being no further business, the Chairman adjourned the meeting at 10:30PM.
Respectfully submitted,
Lisa Stevens
Administrator APPROVED AS CORRECTED
5/8/07
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David Colbert, Chairman
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Richard DeBold
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Stephen MacCleery
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