Chichester Board of Selectmen
SELECTMEN’S MINUTES
April 29, 2008
MEMBERS PRESENT: Chairman DeBold, Selectman MacCleery, Selectman Jordan and Administrator Lisa Stevens.
Chairman DeBold opened the meeting at 7:00pm.
SUBJECT: Chucksters – light trespass – proposed expansion
PRESENT: Bill Stevens
Mr. Stevens asked the Board if the light trespass issue had been addressed. The Board responded yes and gave Mr. Stevens a copy of the letter sent to Chucksters. The office has received a response from the owners of Chucksters, indicating they will have an electrician assess the lighting situation and will co-operate in any way they need to, to resolve the situation. Mr. Stevens stated this evening he is not sure which lights are the ones causing the glare into their home. Mr. Stevens thought all lights had to be pointed down and shielded. As of this evening he has not noticed a difference in his home, in fact there is now a light shining into the hallway.
The Selectmen reviewed the lighting ordinance and read the definitions of light trespass and glare to the group. The Town does not have a lumen meter or personnel in place qualified to test the lighting at the present time.
Mr. Stevens asked the Board if there was written opinion from the attorney in regards to what board could rule on the proposed obnoxious use. Chairman DeBold responded the town has only received the information from a telephone conversation between the Chairman of the Board of Adjustment and the town attorney. The opinion was that the BOA can only hear an appeal on a decision rendered from the Planning Board or Administrative Official. Selectman MacCleery read from the BOA handbook which stated the BOA had the authority to hear cases based on the following, a special exception; variance; equitable waivers and appeals from administrative decisions. Chairman DeBold read aloud the definition of obnoxious use as stated in the town’s zoning. An appeal will have to be filed after a
decision is made by the Planning Board on the application from Chucksters.
Mr. Stevens asked the Chairman if he was going to make a site visit to his property. Chairman DeBold responded yes he would tomorrow.
SUBJECT: Highway Department
PRESENT: David Kenneally, Road Agent
Mr. Kenneally had several outstanding items to discuss with the Board this evening.
Cavanaugh plowing complaint – Mr. Kenneally has not heard from the homeowners seeking an appointment to meet to determine property boundary from the town right of way. The Board requested Mr. Kenneally follow-up on the letter that was sent and offer to set up a time in which to meet if the homeowners wish to do so.
David gave the Board the prices for delivery of material from vendors as requested; Pembroke Sand & Gravel = $2.26/per ton; Fillmore Sand & Gravel = $6.60/per ton. This additional cost must be added to the price of each item listed on the price sheets for these two vendors.
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On a new item of business, Mr. Kenneally has begun securing easements for the road improvement work that will take place on Hilliard and Perry Brook Roads due to some insufficiencies and the new cluster development on the Giuda and Merrill properties. The road in front of the Booth property on Hilliard Road is much to narrow at its present state. The plan is to widen the road and take down the knoll to improve the line of sight. A section of Mrs. Booth’s front lawn will be affected. Also, two of the barns are sitting in the right of way on one side and another barn is too close to the road on the other side. All will need to be removed. The homeowner has agreed to the removal of the barns if the town will be responsible for their removal. The BCEP Solid Waste Facility has offered to
provide one container per day, at the facility, at no cost to the town. The highway department will dismantle the barns and haul the debris to BCEP. Mr. Kenneally asked the Board if they were agreeable to this request.
Selectman MacCleery asked the Road Agent if this work was part of the budget and planned for this year. Mr. Kenneally responded the insufficiencies have been documented in the Road Advisory Plan and the work to be done at this point is not a big expense. Some material removed from one area will be used to add to another. The department should be able to get this work in this year along with the third phase of the ditching project.
Chairman DeBold asked if there were easements drawn up. Those are being worked on right now.
The Board agreed to the work and Selectman Jordan signed the waiver for exemption of removal costs for the BCEP.
Selectman MacCleery commented that he had received a phone call stating the culvert on Perry Brook Road has been addressed. Mr. Kenneally confirmed that the delineator posts have been put back in place.
Mike Mobbs inquired with the office why a letter he submitted to the Selectmen’s Office had not been addressed. What Mr. Mobbs submitted to the office was a bill for plowing three town roads on his own accord. The bill was forwarded to the highway department for approval and coding of the payment as part of the standard procedure followed with all invoices. The Road Agent did not hire Mr. Mobbs to perform the work nor was authorization given for him to do so by any town official, therefore the Road Agent did not approve the bill for payment. Nor did Mr. Kenneally notify Mr. Mobbs of his decision. Selectman MacCleery stated he did not agree that the Road Agent just ignored the bill. David should have talked to the individual. Chairman DeBold stated the town should not be responsible for
payment.
Selectman MacCleery discussed a phone call he received regarding recent road work on Towle Road.
The homeowners concern was that the road was being opened. There is a pile of gravel on the road. Mr. Kenneally stated he has no intention of opening the road. The turn around is very soft and the gravel was spread to stabilize that area. The pile is a result of the plowing season on the road. The town can perform maintenance work on a class VI road without the road becoming a maintained road.
SUBJECT: Zoning Complaint
PRESENT: Chuck Breton & Mark Blasko
Mr. Breton submitted a zoning complaint for vehicles parked in the right of way at the corner of Bailey Road and Rte 4. These vehicles are for sale by owner and are creating a safety hazard by diminishing the line of sight for travelers on both roads.
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Chairman DeBold suggested Mr. Breton call NHDOT, division #5 because the vehicles are parked in the States’ ROW. No parking is allowed in the State’s or the Town’s right of way.
The administrator brought to the Board’s attention a similar complaint filed last year regarding the intersection of Webster Mills Road and Rte 28 in which the town contacted division 5 and the vehicle owners and instructed them to remove the vehicles.
Both parties will contact the State regarding this matter.
Mr. Breton and Mr. Blasko presented in writing a formal request to purchase the sliver of land indentified as the old Bailey Road ROW. Mr. Breton has completed extensive research that included a records search of town, registry of deeds and the Department of Transportation offices. Verification has been made that the Town is the owner of this property. The Board will review the information submitted. No decision was made this evening.
Mr. Breton discussed the letter sent from the Town regarding the alleged light trespass. Mr. Breton stated the spotlights were on the building when Chucksters purchased the property. Mr. Breton & Mr. Blasko have contracted an electrician to assess re-directing the lights or looking for alternatives to prevent light trespass if any. Mr. Breton expressed his concern over the content of the letter, alleging a violation and then further stating to notify the town once property is brought into compliance. The letter implies guilt without the town knowing for sure if a violation exists.
Selectman MacCleery asked the gentlemen if they had an engineer come out and inspect that the lights were installed properly after the Planning Board approval. Mr. Blasko responded they had not, they expect that the electrician installed the lighting as to the plan. A brief discussion took place over the issue of the Planning Board’s need to add to the Site Review Regulations a section on the need and confirmation that all items of a plan have been addressed and built accordingly. The possibility of developing a form for certification of compliance for business was also discussed.
Mr. Blasko stated we have done our best since the beginning and will continue to, to be good neighbors. We have not changed anything with our lights; we will do anything we need to do. The only difference at this time is the lack of foliage on the trees.
GENERAL BUSINESS/BOARD DISCUSSION:
The Board opened the eight bids received for Grounds Keeping –
Home Advantage $11,000 David Mailhot $5,000
Residential Remedies $6,000 BMC $4,775
Saints Lawn Care $4,770 Abundant Harvest $4,750
WLS Landscaping $4,800 Jungle Jims $7,614
After brief discussion, motion Selectman Jordan, second Chairman DeBold, to award the bid to Saints Lawn Care for $4,770. All were in favor. Motion carries. The Board did not feel the difference of twenty dollars was large enough to warrant changing vendors. The town is very pleased with the current contractor and wishes to stay with them.
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The Town has been awarded a Speed Patrol Grant in the amount of $3,895.04. This includes an hourly rate for the officer and payroll related deductions. Selectman MacCleery stated he was not in favor if this was taking away from the officers normal duties. It does not. This grant provides for an additional officer on duty specifically to conduct this patrol. Chairman DeBold signed for the acceptance of this grant money.
The Board reviewed a request for a waiver of the Impact Fee from Mr. & Mrs. Dandurand. The Board directed Lisa to send a letter requesting confirmation of residency for the past ten (10) consecutive years, as stipulated in the zoning ordinance.
The Board discussed the cost of repairing the 1971 military truck retro-fitted by the fire department for a forestry vehicle. The Selectmen would like to know when the truck was driven and by whom, when the transmission let go. Selectman Jordan and MacCleery stated they would go and look over the truck, to assess the cost needed for repair. Chief Vien has priced a used transmission for $1,060.
The Board discussed and reviewed the files on two outstanding zoning complaints.
Doucette – The homeowners have indicated to the police department that they are selling the vehicles on Craig’s list. The Board will need confirmation of this in writing. Lisa was directed to send a follow-up letter to the Doucette’s, allowing them sixty days to sell or remove all unregistered vehicles.
Levitina – The Board received a letter of request for documents on file pertaining to the complaint. The town has replied with no acceptance from the homeowner. A second reply will be sent by the town.
The Board received a new zoning complaint for operating a business without approval from the Planning Board for map 4, lot 167B, owned by Mark Drew. Lisa was directed to send a letter to Mr. Drew.
All Board members have not had time to review the sample financial policies. Selectman MacCleery recommended the Board make note of the sample from the Town of Windham. The Board will review the entire packet during the week and discuss at next weeks meeting.
Chairman DeBold has confirmed with the roofing contractor for the snack shack that debris removal costs were not part of the quote given.
Chairman DeBold informed the manager from Myers RV/Campers World relative to the Boards opinion that Myers should consult with the Planning Board over their request to temporarily store RV’s on a neighboring piece of property.
The Board briefly discussed the outstanding issue of the Mobbs invoice. The Board agreed to direct the Road Agent to contact Mr. Mobbs and discuss the situation personally.
The minutes of April 22, 2008, were approved with one correction, to insert the word ‘read’ after the words have not on page 2, paragraph 2.
Mail and correspondence were reviewed. Accounts payable and payroll were signed.
Motion Selectman MacCleery, second Chairman DeBold to adjourn the meeting at 9:45pm. All were in favor. Motion carries.
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Respectfully submitted,
Lisa Stevens
Administrator
Approved As Written
5/6/2008
______________________ _______________________ _______________________
Richard DeBold, Chairman Stephen MacCleery Jeffrey Jordan
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