Town of Greenfield
Selectmen’s Meeting Minutes
Thursday – May 13, 2004 – 5:45 pm
Present: Selectmen: Chairman, William Brooks; Selectman; George Rainier; Selectman, Conrad Dumas
Meeting called to order by Selectman Brooks at 5:45 pm
Administrative Assistant, Debra Davidson taking minutes
Department Heads:
Appointments:
6:00 Robert McWha - Mr. McWha purchased the house an the Corner of Old Bennington Rd., & Forest Road. He is concerned the culvert at his driveway has begun to protrude out of the driveway since when he purchased the home. He asked to have the town reset the culvert, Selectmen referred to RSA 236:13, VI (enacted in 1997). Duffy has reviewed the situation, Selectmen provided Mr. McWha with a reading from A Hard Road to Travel, Bernie Waugh, clearly indicates the owner is responsible for their driveway culvert, not the town. Mr. McWha took a copy of the reading and thanked Selectmen for their time.
6:15 – Eugene Hennessey –
· Lyndeborough Mtn. Road - Mr. Hennessey, resides in Lyndeborough, he was asked to make an appointment to discuss the road disturbances he has made on Old Lyndeborough Mountain Road. Selectmen stated that they noted the disturbed land on the towns property, as well as disturbance to the wetlands. (i.e. make-shift culvert installation, disturbance to scenic roads, stone walls and more). There are several violations just from the NH Statutes Mr. Hennessey could be looking at.
Mr. Hennessey stated he has a variance from the Town of Lyndeborough. Mr. Hennessey further stated the Town of Lyndborough also gave him the driveway permit. Mr. Hennessey stated he has had permission from Greenfield, Road Agent Wyatt Fox to also do the work, as well as Mr. Hennessey indicated he had permission, and was instructed by the Town of Lyndeborough, Selectmen to maintain the road.
Road Agent Fox came into the Board of Selectmen’s Meeting. Fox stated that that he had not seen the driveway and did not give any authorization to do any work on Old Lyndeborough Mountain Road. He stated he is not authorized to approve work on Class VI Roads.
The Right of Way from the Gignac property was discussed, the access of Mr. Hennessey’s property over Greenfield Class VI Road was also discussed.
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Conservation Commission was asked to be here and discuss the wetland violations to Mr. Hennessey– Karen Day reported that anytime you work in wetlands you must have a permit. There was no permit issued for the work that was done on Old Lyndeborough Mt. Rd. The brook has been damned up, there is an area of the brook where it won’t even flow, it is merely trickling. Karen would recommend he apply to the DES for a standard dredge and fill permit, however she does not know if he can apply for the permit for another town. He may be required to return the property to as near as it was before he did the disturbances to the road.
Selectman Dumas recommends that this be turned over to the NH DES and see where it leads us from here.
Ms. Day will call DES tomorrow, she will report back to the Board of Selectmen as to what is discovered.
Mr. Hennessey stated the work was done in September 2003, and that he owns the equipment that was used, he did not contract a company to do the work.
Selectman Rainier asked Duffy for recommendations; Fox stated the Town has not maintained the road at all, the cul de sac is as far as the town maintains. Any work that has been done past the cul de sac has been done by Mr. Hennessey.
Mr. Hennessey stated that he installed the make-shift pvc pipe culvert, he installed it this past fall. Mr. Hennessey further stated the other culverts were installed by A T & T Forest Products, 460 Route 101 – Bedford NH. Mr. Hennessey purchased the land from A T & T Forest Products a few years ago.
Town Forester reported that any permanent structures need to have a permit for logging purposes.
Selectman Rainier directed Mr. Hennessey to RSA 236:11 which explains the restoration process for an issue such as this. Mr. Hennessey stated he knew all the RSA’s.
Karen Day mentioned that there is also a violation for the stonewall, which has been damaged. Mr. Hennessey stated that the stone wall is owned by Mr. & Mrs. Gignac.
Mr. Hennessey would not give us the address for AT & T Forest Products, Selectman Brooks located the address in our property file.
Decision: Selectmen instructed Mr. Hennessey not to do any more work to the road. The Town will notify the NHDES and ask for their direction what to do with this situation. Mr. Hennessey stated he understood he is not to do anymore work on the road. Mr. Hennessey stated he realizes that what he did was against the law, he said he apologized and that he was un-knowledgable at the time.
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· Civil Complaint - Another matter Mr. Hennessey wanted to report to the Selectmen that there is a problem he and his wife have. The Dodge family and the Hennesey’s have civil problems, one of the problems is with the Dodge’s dogs. Mr. Hennessey stated the Dodges have 5 dogs that are always running loose. Mr. Dodge and his son have both assaulted the Hennessey’s at least twice, they scream obscenities, they have damaged his vehicle, they have started being verbally assaulting towards his wife and her female friends, they drop their pants and walk down the road. Mr. Hennessey stated it is a terrible situation.
Selectmen instructed Mr. Hennessey to go to the police, it is a police issue not a Selectmen issue. Selectmen will discuss this with Chief Giammarino.
Mr. Hennessey stated he has made at least 8 trips to the police station to discuss this matter, the last time was two weeks ago. He stated our police don’t do anything about it. He further stated that the Selectmen oversee the police and the police aren’t doing their job, therefore the Selectmen need to make them do their job.
· Logging – Town Forester, Karla Allen discussed logging which took place on Linda Freeman’s property. It appears that the logs that were cut might be for a possible house lot. They were cut some time ago, nothing has been done to the property, no logs have been removed.
6:30 – Gene Mitchell –
· Planning Board issues - Planning Board members Marilyn Fletcher, Dario Carrera and Chairman, Mike Kavenagh were all present. Mr. Mitchell stated that he had issues with the lack of professionalism the Planning Board uses when someone comes before the Board, Mr. Mitchell stated he feels it is inappropriate. Mr. Mitchell further stated that he primarily has problems with Sheldon Pennoyer, and comments made the last few meetings that were unprofessional. He feels this should be addressed to Mr. Pennoyer directly.
Decision: Selectmen indicated they would speak to all parties involved, and further thanked Mr. Mitchell for his concerns. Mr. Pennoyer will be invited to meet with Planning Board, Chairman Kavenagh and the Board of Selectmen to discuss this matter.
Selectman Rainier discussed procedures during deliberations of the Planning Board, and that no information is supposed to be divulged during deliberations, unless requested. Everyone present agreed. All present parties left Selectmen’s Meeting.
Selectman Rainier stated to the other members of Selectboard that he needs a reprieve from being Planning Board representative. He informed the other Selectmen that one of them will need to sit on the Board as Selectmen’s representative.
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On – going matters:
1. Downtown Project –
· Punchlist with Mr. Lou DeGrandpre, VanDyke Construction – the punchlist will be complete shortly, it will include severances for the liquidated damages.
· Wastewater policy – Draft copy has been provided – no action taken at this time
· Wastewater project – Deb discussed she received an e-mail from Keith Pratt today, in which he indicated that the potential contractor is reviewing the proposed revisions and Mr. Pratt is hopeful that the contractor will agree to adjust the bid price.
2. Recycling Bay – Recycling Bay update:
· Groundwork - Road Agent Fox has indicated he has spent numerous hours digging, very large boulders have been removed, which would have caused problems later. Footings and walls are done and being poured this next week. New plans for the foundation have been provided by Sheldon Pennoyer, which include footings and a frostwall.
· Mr. Pelkey – Mr. Pelkey has given a written notice that he will no longer be involved with the construction phase of the new recycling bay. Road Agent, Fox will oversee the project.
Other Business:
1. Minutes - Selectmen accepted the minutes of April 29, 2004 & May 6, 2004 Selectmen’s Meeting as written.
2. Selectmen approval –
· A/P Checks and Invoices –
· Abatement – Roger Williams - $ 357.52
Patrice Fleming - $2163.82
· MS-5
· Memo RE: organizing archival space
· Oak Park Rental Form – First NH Cavalry
Fireman’s Muster –
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· PO Flagpole & Flag
· Dealer Station – Bradley Worth – Wholesale
Shepard Auto – Motorcycle Inspection Station – on hold until Selectman Brooks has an opportunity to review the station
3. Mail –
· Health Insurance actual costs were provided to the town this week – the cost of health insurance is significantly less/policy than what we had been quoted in November. We were quoted an increase in health insurance of 21%; actual increase is 12%
· Discretionary Preservation Barn Easement Letter from Avitar – Selectmen reviewed a letter from Assessor Jim Rice, Avitar Association regarding the application from Uli Koch and Aasta Torsen/Schneider to place their barn into the Discretionary Preservation Easement. It was suggested by Assessor Rice that whereas the barn is currently being used for an art studio, it does not actually qualify for the easement. Discussion followed, Selectmen are all supportive of barn preservation, however it is unclear if this barn qualifies for the barn preservation. More research needs to be done, no decision to be made at this time. A public meeting needs to be held before
any decision is made anyway. A public meeting will be held on Thursday, June 17th at 7:00 pm., the applicant will be notified, as well as a public notice being placed in the local papers.
· The police department received grants for Adolescent Alcohol related arrests: $2,500. was the amount of grant awarded.
4. Flag & Pole – Fax from Carrot-Top industries – they received our order, however someone will need to unload the truck when it is delivered. ICC regulations specify carriers are only responsible for the tailgate delivery, not the merchandise they transport. Fox said he needs to be notified as to when they will be here, and he will have someone available to unload the truck.
5. Water Damage – The insurance adjustor called, they need to look at the damage to the floor a little more closely, they thought the price was a little high.
6. Grader –Two residents had asked the office staff why on April 23rd our grader was on East Road at 7:30 at night. Chip was driving, the grader was going very fast. Fox reported that Chip was in Nashua with his family, the grader was on East Road and he was dropped off by his wife to get the grader back to the shop to be safe for the weekend. Fox stated that the grader only goes 25 mph.
7. Safety Class – FYI – the highway crew will be going to Peterborough for class on Trench Excavation and Safety on Tuesday, May 18, 2004.
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8. Cert. Insurance – Carol Baldwin has reserved Oak Park for the 31st of July for a Jack & Jill. Her homeowners insurance said she can get $500,000 no problem, but for a $1,000,000 coverage it will cost her $1,000.00. Mrs. Baldwin asked if you would consider waiving the $1,000,000 policy and allow her to go with the $500,000 coverage? Lengthy discussion followed.
Decision: Motion by Selectman Dumas to remain with the policy as is if alcohol is to be on site, if no alcohol will be served then they will waive the $1,000,000 and allow only $500,000. Options are either have no alcohol with the $500,000.00 policy or $1,000,000.00 if alcohol will be there. Seconded by Selectman Brooks. Voted; Affirmatively.
9. Special School District Vote – To vote on the new teacher contracts – voting will be July 8th at the Town Meeting House.
10. Ribbons on Light Poles – Mrs.Lee LeBlanc provided the Selectmen with a sample of the ribbons she asked to have hung on the lights throughout town. Selectman Dumas stated he is not in support of this. Discussion followed;
Decision: The Town should not get into a political position such as this. It was suggested that Mrs. LeBlanc put something in Spirit asking anyone that would like to support the troops with a yellow ribbon to contact Mrs. Leblanc.
Reminder: Deb and Catherine will not be available next week for the meeting, the PRIMEX conference is scheduled for Wed. & Thurs. Selectmen asked Deb to contact someone to take minutes for them.
With no further business, the Selectmen adjourned the meeting at 8:30 PM. The next scheduled Selectmen’s Meeting Thursday – May 20, 2004 at 5:45 PM.
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