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October 12, 2004 BOS
Chichester Board of Selectmen
October 12, 2004

Chairman Colbert opened the meeting at 7pm and introduced Patty Wooster as the new Administrative Assistant.

Present: Chairman Colbert, Selectman DeBold, Selectman MacCleery and pro temp Andrea Deachman.

SUBJECT: Department Heads:
Present: Acting Police Chief Robert Kitson; Building Inspector Dave Paveglio; Road Agent David Kenneally; and Emergency Management Director John Martell


HYW- David Kenneally is getting the winter sand in.  The culvert at Bailey Road needs replacing, the culvert is collapsing.  Mr. Kenneally approached the State about the repair.  The State called him a week later and told him that the culvert was the responsibility of the town.  Discussion was made regarding the culvert that was installed by the State to the States specifications.  The culvert is going to have to be replaced before winter.  Selectman DeBold will contact the State to question why it is the town’s responsibility.  The repair is estimated to cost $3,000 to $4,000.

Mason Road culvert needs to be looked at.  David Kenneally is going to take a look at the culvert.

The culvert on Smith Sanborn Road was replaced.

Who is covered in the town vehicles?  Chairman Colbert asked Patty to follow up and see who is covered.     

Patty to research to see if we have Ari’s driveway permit in the office.  Mr. Kenneally needs the distance between each side of the driveway to his boundary marker.

Mrs. Bates’ tree.  Selectman DeBold looked at the tree and seems to think the tree is more than half in the right of way.  Mrs. Bates has received an estimate from Lee’s Tree Service.  Estimate is $950 to take everything off and he would leave the good wood and chip up the smaller brush.  Discussed if town should contribute to the removal.  Mr. Kenneally seems to think the tree belongs to the owner.  Mr. Kenneally thinks the homeowner is the responsible for removal.  Mr. Kenneally does not think this tree is a town nuisance or a safety hazard.     The Board made a decision last week that the tree is not a safety hazard to the town and the homeowner is responsible for removal.  

PD- Robert Kitson stated that Patrick Clark would be coming home next week for 10 days.  Patrolman Scott Corbet has almost completed his training.  

The Fire Station has leaky windows, the Board asked if anyone looked at them.  Mr. Kitson will ask Mike Paviglo if he has talked to Teppers.  

Robert Kitson stated that if Chichester Police Department dispatching went to Bow instead of the Merrimack Sheriff’s Department the town would save approximately $6,000.  Mr. Kitson stated that Chief Patrick Clarke did not want to make the change.

Firearm training was done on Sunday.

BI- Mckays have a permit for an elderly trailer on their property.  The permit is temporary.  They do not have an occupancy permit.  The road needs to be brought up to specifications.  Recommendation was made to the Board that as of November 1st the McKays post a bond.  Road will not be approved after November 1st.    Road needs to be completed before any occupancy permits are given.  Mr. Paveglio has eight or nine permits for next year.

EMD- Hazardous material Plan is complete.  Mitigation Plan is updated.  EMD has some left over money from the grant.  John Martell plans on purchasing a laptop and possibly a digital camera.  

With respect to the Marsh Dam, John asked to be included to the meeting and was not.  John will research grants for the dam.  Town owns half the dam, town owns to the “thread of stream”.   John is hoping to get some Cross Road repair so if the dam does overflow again the road will not have to be closed down.  The dam needs to be registered with the State and the registration must be submitted by November 5, 2004. In order to get money to make the necessary repairs to Cross Road there must be documented history of flooding problems.  This is the third flooding problem in 15 years.  The dam needs to be repaired to the State standards.  David suggested that the dam be taken out in three years.  John Martell wants to be put on the agenda from now on when the Department Heads meet.

SUBJECT- Robert and Kathleen Gagne: Map 7 Lot 17-4 Land Use Change Tax.  Mr. and Mrs. Gagne stated that they spoke to several town officials in 2001 and were told that it would be ok to link the two properties together and make all the property Current Use.  The Gagne’s would like the Board to go back to 2001 to impose the land use tax.  The issue is the land is not continuous so it was caught by the assessors this year.  The Gagnes do not want to be responsible for the full tax and penalties.  The Board will further discuss and get back to the Gagnes by October 24, 2004.

SUBJECT- Kevin Gagne of New Hampshire Trail Dawgs Associates (Snowmobile Club).  Review of easement of Hutchinson Road.  Kevin obtained a map and a lot and determined that the land between the two stone walls belongs to Brian Murray.  Kevin said that Brian Murray has granted the club to pass through on his property.  The Association would like the easement signed yearly.    Association wants easements for the trail pass through and for repairs and cutting.  The trail easement was signed by the Board.  Mr. Gagne did not have the easement for the repairs; the Board gave Richard DeBold permission to sign the construction easement.

Short Falls Road is a Class 6 by Bailey and Marsh’s property.  The New Hampshire Trail Dawgs Association would like the road be designated as a class B road.  The Board would like to discuss this further; this would need to be a warrant article to change this.  The responsibility would be the landowners to get a petition to get a warrant.  

SUBJECT- Jean Vialle-Site on Route 4.  Mrs. Vaille owns a business on Route 4 and is concerned with property requirements that have been imposed by the Planning Board regarding the parking and what areas were to be paved.  Mrs. Vaille would like to know what to do next.  

The Board feels that they have enough information from Mrs. Vaille.
 The Board would like Tracy Scott, Chairman of the Planning Board to discuss this issue with the Board.  Beginning on October 2, 2004 a penalty of $100.00 per day will be imposed until Mrs. Vialle is in compliance, no fine will be collected at this time because of good faith by the Vialles working with the Board and the Planning Board.  The penalty will be collected if the compliance is not met within a reasonable amount of time.


A request was made to purchase a new printer for the lobby.  The cost would be approximately $300.00.  Request is denied.

Classes for QuickBooks and Excel will begin November 1, 2004.   Board was in agreement for Patty to take these classes.

Approval for medical benefits to begin November 1, 2004 for Patty was approved.

Monday, October 18, 2004, Avitar will meet with Patty and Dave.  The Gagne property will be discussed.  More information was received regarding the Saturley issued and this will be addressed as well.

Signage at Hess was discussed and the Board will review the calculations.  Planning Board will also review the calculations.  

The minutes of October 5, 2004 were approved.

General correspondence was reviewed.

Being no further business, Chairman Colbert adjourned at 11:03 PM.

Be advised there is no Board of Selectmen meeting on November 2, 2004.

Respectfully submitted,

Patty Wooster
Administrative Assistant

Chairman David Colbert

Selectman Richard DeBold

Selectman Stephen MacCleery


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