Chichester Board of Selectmen
SELECTMEN'S MINUTES
June 9, 2009
MEMBERS PRESENT: Chairman MacCleery, Selectman Jordan, Selectman DeBold and Administrator Lisa Stevens.
Others present: Bette Bogdan, Barbara Frangione, Gilbert Vien
Chairman MacCleery opened the meeting at 7:00pm
Subject: Reclassify 600ft Durgin Road to Class V
Present: Jamie Pike
Mr. Pike submitted a petition to the Board requesting the upgrade of up to 645 feet of Durgin Road from a Class VI to a Class V. Mr. Pike will be responsible for upgrading that portion of the road up to current specifications with no cost to the town. The Board agreed that at a minimum a hammerhead must be constructed at the end of the upgraded portion of Durgin Road. The Board accepted the petition and directed Lisa to schedule the required Public Hearing.
Chairman MacCleery, on behalf of the Board and staff, extended condolences to the Meehan family on the passing of Doctor Ed Meehan. Doc Meehan was a twenty-one year member of the Zoning Board of Adjustment and also served twenty-one years as the townís Health Officer. The town owes a deep debt of gratitude for his years of service, he will be greatly missed.
Chief Vien brought to the attention of the Board, the need to add an amendment to the recently adopted Seat Belt Policy to allow for the provision when fire/rescue personnel are attending patients in the back of the ambulance. Lisa was directed to draft language for the Boards review.
Selectman DeBold relayed information received from a phone call by resident Ben Brown regarding a load of stone overturned in the middle of Bear Hill Road. Mr. Brown was concerned for the safety of motorists and employees by expressing his concern for the need of flagging at incidents of this nature. Later it was learned that the load of stone had not fallen from a town truck but a private contractor performing work at a residence on Bear Hill Road and that a police cruiser was on scene during the cleanup handled by the highway department. A resident had notified the highway shed of the hazard on the road and the crew responded immediately to clean it up. The Board wished to remind the members of the highway department to have the proper signage and flaggers when should be.
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June 9, 2009
Subject: Alleged zoning violation
Present: Mr. & Mrs. Bruce Luksza
The Lukszaís met with the Board to discuss the Notice of Violation received from the town in reference bringing their property on Swiggey Brook Road into compliance with the Town of Chichester Zoning Ordinance, Article II, Section D, Home Occupation. The town alleges that Mr. Luksza is operating a business without proper approval from the Planning Board.
The Selectmen have directed Mr. Luksza, to schedule an appointment with the Planning Board.
The Selectmen acknowledge the fact that the Building Inspector mistakenly permitted a sign for the Luksza property with the understanding that Mr. Luksza had an approved Home Occupation from the Planning Board. Town records reveal no such approval.
Mr. Luksza contends that -
he has received a Home Occupation Permit from the town in 1996 or 1997
it is the townís responsibility to keep the records, not his, nor is he willing to produce his copy of the alleged approval
has been operating a business there a long time (13 years)
has discovered that minutes arenít taken correctly then or now
this is a result of an email if inquiry and a phone call to the Selectmen; no zoning complaint has been filed
only trucks are parked there, no employees
has a signed driveway, building (garage) and sign permit from the town
spent 4hours at the town hall discussing his sign permit with the TA, AA & BI
has several people, including current and former Selectmen who will testify in court that he already received a Home Occupation Permit from the town
the Board is ìheadhunting or picking onî Mr. Luksza, this didnít just come to light
does not operate his business there, doesnít perform mechanics there
Bruce has spoken to his neighbor responsible for the email and learned that the neighbor was only questioning whether the proper permits were in place.
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June 9, 2009
The Board stated their responsibility to address questions or concerns brought to them by taxpayers and to follow-up accordingly. When looking into the recent activity of Mr. Luksza, the Board learned of the incorrectly permitted sign and no Home Occupation Permit on file.
Mr. Luksza mentioned other properties in town allegedly with the same violations. Lisa was directed to review those files and forward the information to the Selectmen.
At this time, Mr. Luksza is not willing to go to the Planning Board unless the Selectmen will ìrubber stampî his approval or accept the application in the same format alleged to have been submitted by neighbor Vermette, on a napkin.
Mr. Luksza stated that by going to the PB would imply that he didnít already have a Home Occupation Permit.
Selectman Jordan stated that he has spoken with former Selectman Dennis Call who distinctly remembers, as does Selectman Jordan, that Bruce got a Home Occupation Permit from the Planning Board in 1996.
Minutes of the Planning Board from September of 1997, clearly indicate that the PB, having received no final septic approval from the State or a recordable Mylar, resulting in conditions of approval set by the PB not being met, revoked all previous applications and approvals given to Mr. Luksza.
Chairman MacCleery stated his confidence in the staff compiling thorough research in this matter.
Selectman DeBold stated it appears the town has reached an impasse for this evening.
The Board directed Lisa to consult with town counsel regarding the weight given to the written record versus testimony of memory recall from witnesses should a court remedy be needed in this matter. Mr. Luksza stating this to be a stressful matter for him requested the town supply him with a quick response to the inquiry.
Administrator Stevens clarified for the record that when Mr. Luksza met with the BI to apply for the sign permit, herself and PB secretary Pike were present during the discussion which lasted approximately twenty minutes, not four hours and further that the permit was given based on the premise that the information Mr. Luksza was stating about his Home Occupation Approval was valid.
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BOS minutes
June 9, 2009
GENERAL BUSINESS/BOARD DISCUSSION:
The Board reviewed correspondence from the Building Inspector regarding a prospective buyer for the Vermette property, map 9, lot 17, seeking to jack up the house and replace the failed foundation and set the house back on its original footprint, in its original location. The Board found this acceptable so long as the applicant understood the footprint and location of the footprint must not change.
The Board reviewed the recent approval for a line of credit from Tractor Supply. This is believed to have been initiated by the former Road Agent. Lisa was directed to poll the Department Heads for interest in becoming authorized signers of the account and to remove Kenneally and Raymond from authorization.
The Board reviewed and discussed the option of locking in a fuel price with current vendor Rymes. Lisa was directed to put the fuel out to bid for the 2010 season.
The Board discussed the recent payroll expenditures from the highway department, questioning the reasoning of the accounting process used by the Road Agent when coding labor costs to specific project lines versus the payroll line. Also questioned was why the town rented an excavator from Luke Stevens when the town owns their own. Selectman Jordan commented that perhaps it was due to the fact that the space in which the crew was working was small.
Selectman DeBold reported that the Patten property still appears to have more than one unregistered vehicle still on the property. No recent follow up has been done personally with the homeowner. Lisa was directed to send another letter to the Pattenís.
No other updates were available this evening for the remaining outstanding items listed on the agenda.
Chairman MacCleery moved to appoint the following residents as members of the Road Advisory Committee for a period of one year; David Dobson, Stan Brehm, James Kee, John Amsden and Ewen MacKinnon. Selectman DeBold seconded the motion, all were in favor, motion carried. Corresponding appointment papers were signed by the Board.
The minutes of June 2, 2009, were approved as written.
Mr. Allen Mayville has expressed interest in becoming an alternate member of the Planning Board. An appointment to discuss with the Selectmen was scheduled for next week.
Remaining mail and correspondence were reviewed and shared with the members of the public.
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June 9, 2009
Accounts payable and payroll were signed, the manifest for June 12, 2009, totaled $324,048.86.
Administrator Stevens submitted her Letter of Resignation to the Board, effective July 2, 2009. Chairman MacCleery accepted with sorrow and stated appreciation on behalf of the Board, for all her work to the town. Lisa was directed to submit an advertisement to the newspaper as soon as possible.
Being no further business for this evening, Chairman MacCleery adjourned the meeting at 9:24pm.
Respectfully submitted,
Lisa Stevens Approved As Corrected
Administrator 6/16/09
_________________________ ____________________ ___________________
Stephen MacCleery, Chairman Jeffrey Jordan Richard DeBold
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