SELECTMEN’S SITE WALK MINUTES
SATURDAY, OCTOBER 1, 2005
In attendance to conduct the site walk were Selectman John P. Ulcickas, Selectman Gary F. Nelson, Chairman Norman P. Harding and Town Counsel, John Ratigan. Minutes were written by Selectman Gary F. Nelson. Two cameras were present at each location with a log in order to enter a description of each item not in compliance.
The purpose of this site walk is to request permission to enter (5) five properties: 58 Peaslee Crossing Road, 5 Crane Crossing Road, 14 Wallace Street, 43 North Main Street and 21 Chase Road to determine if any progress has been made toward compliance in regards to the storing of discarded machinery, vehicles, junk or other scrap materials in violation of the Newton Zoning Ordinance Section XVIII, section 1 and the compliance of having not more than one unregistered/uninspected motor vehicle stored in a legally permitted structure in violation of the Newton Zoning Ordinance, Section XVIII, section 4.
9:10 A.M. 58 Peaslee Crossing
Newton Police Sergeant Richard Owens, per the Boards request, met the Selectmen and Attorney Ratigan at the residence of 58 Peaslee Crossing Road. Mr. Russell Riccio, owner of 58 Peaslee Crossing Road met the Selectmen in the driveway. Selectman Gary Nelson asked permission for the Board to inspect the property and stated that the Board had an Administrative Warrant to inspect, if refused by Mr. Riccio. During the inspection, two males and two females were present at the property.
Mr. Riccio stated that he wanted it clear that “he wasn’t giving permission to enter his property, but couldn’t stop the Board from entering if the Board had a court order”. He then asked for a copy of the Administrative Warrant and was furnished with A True Copy; Attest: by the Clerk at the Plaistow District Court from Chairman Norman Harding. Mr. Riccio responded that he felt he was being singled out and questioned why the Board wasn’t investigating other residences in town such as the Town Road Agent Frank Gibbs. He stated that he felt that Mr. Gibbs was operating his business from his property and asked why the Board wasn’t going after him. Mr. Riccio added “I like Frank Gibbs and I don’t want to be starting trouble for him, but you should look into the use of his
property”. Selectman Gary Nelson responded that Mr. Riccio should file a complaint with the Town about Mr. Gibbs and any other zoning violators in Town. Chairman Harding stated that “many homes in town have home occupations and that the selectmen would address the issue if need be.” Selectman Nelson thanked Mr. Riccio and encouraged him to help the Selectmen to identify those that are not following the town’s zoning regulations, as we do not have a Code Enforcement Officer.
Mr. Riccio questioned the validity of some of the testimony in the affidavit where he admitted to being out of compliance. He called the Selectman “liars” and that they were sure to “be hearing from his lawyer, and that he would keep them very busy”. After some discussion about the affidavit and process, Sgt. Owens reminded Mr. Riccio that the driveway was not the court and that he would have his say in court. As they were entering the resident’s driveway, a vehicle was heard being started and “peeling out” of the Smith Corner Road side of the property. One of the young males ran by and picked up a battery booster that is used to jumpstart a vehicle. Mr. Riccio told him “don’t bother with that one, it won’t run anyway”. The male put the charger
down. The Selectmen continued into the driveway and began their inspection.
They immediately spotted several vehicles and items such as tires, discarded propane tanks, barrels that were left open to the rain. The vehicles were logged by VIN number, make, model and color and pictures were taken using two digital cameras. Selectman Ulcickas pointed out a puddle of oil that looked like “ooze” that was in the ground, a photo taken of it. Selectman Nelson observed several discarded batteries throughout the walk and one that had appeared to have exploded and was deteriorating into the ground; a picture was taken of these apparent environmental concerns. The Selectmen were in awe of the amount of “junk” and vehicles, trailers and other items on the property. While leaving the residence, Selectman Nelson suggested that Mr. Riccio concentrate on “cleaning up his property”
instead of his verbal tirades at the Board. Chairman Harding reminded him that if it were not this Board, it would be another Board of Selectmen carrying out this action, as it is not a personal issue, but a matter of breaking the law and being out of compliance.
9:50 A.M 5 Crane Crossing Road
The Board arrived at 5 Crane Crossing Road at approximately 9:50 AM. Mr. Keith Hart, owner of 5 Crane Crossing Road met the Board, Attorney Ratigan and Sgt. Owens in the driveway. Selectman Nelson asked if we could inspect the property to see if progress has been made toward compliance since the last visit. Mr. Hart was very agitated this time and stated that he was mad that the Board got a lawyer and that he “don’t like lawyers, and I ain’t gonna let you inspect it this time with no lawyer”. Selectman Nelson and Chairman Harding explained that the Board had not taken legal action as of yet, that Attorney Ratigan was along just to advise the Board, if needed. There was much discussion about the letter sent to Mr. Hart regarding this site walk and Chairman Harding explained that the Board did
not have an Administrative Warrant and that Mr. Hart did not have to let them inspect the property.
Chairman Harding explained that the Board was aware of Mr. Harts’ concerns and that he was making an effort to comply. Mr. Hart then agreed to let the Selectmen inspect the property. It was observed that the left rear of the property had been cleaned up and that a dumpster was there along with an earth-moving machine. This area previously held vehicles and other assorted items there and belongs to an abutter, according to Mr. Hart. It was also noticed that other areas had improved since the last site walk. Mr. Hart explained that he was cleaning up best he could, but that he had to take work as it came and he did not enough time to complete the job but that he found someone to take piles of old tires stored on the property. Pictures were taken and logged. The Selectmen ended their inspection at
approximately 10:10 A.M.
10:15 A.M.14 Wallace Street
The Selectmen, Attorney Ratigan and Sgt. Owens arrived at the residence of Mr. George Dolak’s property at 14 Wallace Street and Attorney Ratigan knocked on the door. There was no answer. This is the second visit where no one has been home to grant access to walk the property. This property can be viewed easily from the road and the Town’s easement. The Board noted that nothing has changed, other than some new items appeared to have been added to the collection. The group walked the Towns’ easement to view the rear of the property and several vehicles were noted that appeared to have 2006 registration plates, but not a current inspection sticker. There are two vehicles that appear to be in wetlands, as well as discarded plow frames and other metal items. Selectman Nelson and Selectman
Ulcickas questioned if the State Environmental Agencies should be called in to inspect the property as well. Several tires and blue barrels could also be seen. The Board will discuss the next course of action with advice from Attorney Ratigan.
10:40 A.M. Chase Road
The Selectmen, Attorney Ratigan and Sgt. Owens arrived at the property of 21 Chase Road, and met with owner Robert Young at approximately 10:15 A.M. Mr. Young met them at the side of the road and Selectman Nelson asked Mr. Young if he would allow the Selectmen to view the property due to a verbal complaint. Mr. Young then took a picture of the group of Selectmen and Attorney John Ratigan and a picture of Sgt. Owens. He questioned the validity of the request and began to holler at Sgt. Owens about the “police should take care of the guy I reported to you instead of bothering me”, “He is hacking into Harvard College now”, “Why don’t you take care of that matter?” Sgt. Owens explained that the Police Department were looking into this and had elevated the investigation to higher
authorities. Sgt. Owens explained, “We are here due to a complaint, not this matter”. At that point, Mr. Young handed out a two-page letter and wanted the Selectmen and other parties to sign it. Town Counsel read the letter and stated that it was irrelevant and that we would not sign it. Mr. Young asked the Selectmen and Attorney Ratigan where they lived; addresses were given to Mr. Young. Mr. Young then asked what each Selectmen did for work. Selectman Nelson refused at first, stating that he thought it was irrelevant. He then asked Selectman Ulcickas, who refused to give this information. Chairman Harding and Attorney Ratigan obliged with this request. Selectman Nelson then asked again if we could inspect the property. Mr. Young stated “maybe”, and paused for several moments. Selectman Nelson then told Mr. Young what he did for work, thinking it would speed up the process. He then stated, “maybe”, again to the
request to inspect the property. Attorney Ratigan explained again that we did not have a Warrant and that he did not have let us enter the property. Mr. Young stated “See that stuff there” (pointing to some items for sale in front of the property) “there will ALWAYS be stuff there, and possibly MORE stuff there.” Mr. Young exclaimed, “What right do you have to tell me what I can and can’t do to my property?” Selectman Nelson explained that he had every right, as Selectman and Code Enforcement Office to enforce the Town’s Zoning Regulations. Mr. Young stated that the property was zoned Residential A for agricultural use and that “I think I just may start a pig farm”.
It was clear to the Board that they were wasting their time as well as Mr. Young’s. Selectman Nelson thanked Mr. Young for chatting with them and agreed it was best to depart at this time.
11:00 A.M. 43 North Main Street
The Selectmen, Attorney Ratigan and Sgt. Owens arrived at the property of 43 North Main Street at approximately 11:00 AM; Sgt. Owens knocked on the back door and was met by Darryl Whitty, son of the owner Mr. Louis Whitty. The Selectmen asked if they could inspect the property and were given permission by Darryl Whitty and he explained to the Board that his dad could not be present due to an emergency. It was observed that some areas on the property have been cleaned up somewhat since the last visit. Three motorcycles were in the driveway that Darryl explained that they were for free to anyone who wanted them. There were also several snowmobiles and boats on the west side of the barn. The autos in question were logged and pictures were taken. The Selectmen ended their inspection at approximately 11:25
A.M.
Respectfully Submitted,
Gary F. Nelson
Selectman, Town of Newton
| 
