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Selectmen Minutes 08/28/2007
Chichester Board of Selectmen

August 28, 2007                                                                                                                                                                                                                                                                                

MEMBERS PRESENT:  Chairman Colbert, Selectman DeBold, Selectman MacCleery and Administrator Lisa Stevens.    

Chairman Colbert opened the meeting at 7:00pm.

SUBJECT: Department Heads
PRESENT: David Kenneally, Road Agent; Gil Vien; Fire Chief, John Uitts: Deputy Fire Chief; Patrick Clarke; Police Chief, John Martell; Emergency Management Director, Dave Paveglio; Building Inspector

HYW –The Road Agent has not finalized the costs for the proposed sander rack.  The Board will hold on the approval of this project until final costs are received.

Mr. Kenneally has not received a response from the Conservation Commission regarding the removal of trees at the highway shed.

Work is proceeding well on the Center Road construction project.  The com span will be installed on September 10th.  The road will be closed for a period of five (5) days.    All culverts have been placed as stated on the plans from Brown Engineering.

The highway department is addressing the call received by the Selectmen’s office from Bill Clark regarding issues of concern on Canterbury Road.

Mrs. Marion Blackman has taken issue with the Road Agent once again for grading work that took place on Blackman Road.  Mr. Kenneally explained to Mrs. Blackman he was on the Town’s property.  Mr. Kenneally requested the Board of Selectmen together with the Road Agent, mark the town boundaries on Blackman Road to resolve any discrepancies.   

EMD – Mr. Martell had nothing to report this evening.

PD – E-911 remapping is complete.  Maps should be finalized soon.  Officer Jeff Miller is scheduled to arrive home from Iraq at the end of September.

The Rte. 4 construction details have been heavy this week.  All the paving will not be completed this year.  The police department has received numerous complaints regarding the timing of the traffic lights at the Horse Corner Road/Main Street intersection.  Chief Clarke will be discussing these concerns with the State.

Chief Clarke addressed the questions from the Selectmen regarding his request to purchase two used off road vehicles for the OHRV details utilizing the anticipated surplus in the Police Special Details Revolving Fund.  Currently the town retains seven dollars ($7) per hour for every hour of OHRV details worked.  No additional equipment such as trailers will need to be purchased.  Additional uses for this equipment would be any search and rescue operations, on-site during Old Home Day and any Fire Department incidents as deemed necessary.  The Board will discuss this amongst themselves once again and inform Chief Clarke of their decision.

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Chief Clarke voiced his frustration with lack of notice by the Planning Board to the police department and other town departments (e-mail sent out at 9:11pm on Friday night) for a site walk visit to take place on Sunday afternoon at the Giuda/Merrill property where there was the potential for dispute between abutters and the developers.  Department Heads do not have access to their work e-mail at homes; the notice was not received by departments until Monday morning, the day after the meeting.

FD – Chief Vien summarized the meeting that took place between himself, Forest Ranger Miner and Forest Warden Stock.  A copy of the proposed agreement between the Fire Chief and the Forest Warden, drafted by Mr. Stock was given to the Board for their review.  The document has not been finalized as yet.    

The request to replace the defibrillator was again discussed.  The State required changes creating a State EMS protocol for all towns to adhere to, went into effect in January of 207.  The unit must be bio-phasic, which means it has the ability to shock the patient both ways at the same time.  The standards for a unit on a transport vehicle (ambulance) are different than for a rescue vehicle.  The Chief priced the unit through Lifepak because of past purchases with the vendor and the ability of universal replacement pads for the equipment.  This would be a liability issue for the town should something unforeseen happen on a patient transport.  The Board asked the Chief to research other prices before making their decision.

 Chief Vien informed the Board that the students have returned.  There are three this year, two men and one lady. The students have signed a written contract along with a Code of Conduct and a Dress Code.  No offenses will be tolerated, period.  The Board requested to meet the students formally at next weeks meeting.

BI – The Building Inspector reviewed the time limits for a building permit including the applicable extensions with the Board for confirmation of interpretation.  The Board concurred with Mr. Paveglio that the time period for a dwelling under construction to be weather tight and sided, including extensions was eighteen months.  Mr. Paveglio raised the question, what is the appeal process should a homeowner wish to appeal for more time?    The Board was not sure the building regulations defined an appeal process and would need to review them.  This would not prevent the homeowner or any homeowner from starting a project.  The Planning Board may need to develop enforcement and penalties language to be added to the building regulations.  Selectman DeBold, as the Ex-officio to the Planning Board will bring this issue to the Planning Board for discussion.

SUBJECT:  Giuda/Merrill proposed elderly developments  
PRESENT:  Paul Adams & Brandon Giuda

Mr. Adams began by stating to the Selectmen that RSA 41 charges the Selectmen with the “Provincial management of the Town”, looking out for the town’s well being.  Mr. Adams polled each Board member for their opinion whether or not the largest development in town history, the proposed Giuda and Merrill subdivisions were going to be a negative or a positive impact on the Town.

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Chairman Colbert responded; he does not know at this point if it will be a positive or a negative impact, without a crystal ball it’s hard to tell.  Personally he would like to see the land be kept in its natural state.  The Town has been led to believe (by the developers) the project will have a positive impact on the tax base.  

Mr. Adams responded; that’s my point, you are going on information from the developers, no studies have been done yet on the impact.

Selectman DeBold responded; four years ago, the Master Plan was updated, in that update was questions concerning open space, there was overwhelming support from the townspeople for this type of development.  In response to that, the Planning Board worked on an open space /cluster development ordinance which passed by ballot the following year.  It is the will of the townspeople.  Further, the Planning Board is working with a great town engineer who is thoroughly reviewing the plans; the two projects are getting thorough review.  Selectman DeBold asked Mr. Adams if he voted against the open space zoning.  Mr. Adams responded no, but I interpreted it differently, the Master Plan states the Town does not want to use any more space density in cluster development for approved dwellings than would be approved through regular subdividing of lots.  The Board asked where in the Master Plan Mr. Adams was referring to. (See #1-Summary of Recommendations, 2004 Master Plan)   

Selectman MacCleery stated; the zoning was voted upon by the town.  The Planning Board is working with the developers; the developers have to go by our zoning.  Selectman MacCleery does not recall if he voted in favor of this zoning.   Selectman MacCleery does not want to see any houses built in town, he is not sure any house is a positive impact on the tax base.  The Master Plan states this should be a positive impact to zoning, I don’t know if it will.  

Chairman Colbert stated; at the Public Hearing for the approval of the Master Plan, I asked, with only one question in the Master Plan survey on elderly housing, how can you recommend this type of zoning, where is the science?  

Selectman DeBold stated to Mr. Adams, in public forums you have implied this will bring a negative impact to the town.  Where is your data, bring to the Planning Board some information supporting your belief.  

Mr. Adams stated he is not against elderly housing, but we need affordable housing for young people to move to Chichester who will get involved in the town, not old people who don’t.  

Selectman DeBold stated Mr. Adams was making assumptions.  Chairman Colbert replied, your statement, Mr. Adams makes no sense; this is a fifty-five and older community development.  Currently the Town has several individuals involved in various aspects of the Town government who are over fifty-five years of age.  

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Mr. Adams asked if the formula used for the open space took out for the wetlands.  Mr. Giuda responded yes, the project followed the formulas for density requirements. Mr. Adams stated his major concern was Chichester was not getting anything out of this, Mr. Giuda is retaining his development rights to the open space land for a future golf course, and Chichester won’t be getting any open space.   

Selectman MacCleery responded; he would not want the Town to have to pay to maintain any more open space land.  The Town has had a hard time maintaining the Town owned Shaw Field.  The Board worked extensively on a farm lease agreement and the townspeople shot it down at town meeting.  

Mr. Adams remarked it’s the Conservation Commission’s job to maintain town property, if you leave the open space in Giuda’s hands it will become a golf course.

Mr. Giuda commented one way to solve this Mr. Adams is to buy my property.  Mr. Adams stated the former owner of the property, the Circle D Ranch, had approval for a golf course and the owner at the time told the Planning Board the land would remain open to the Town. Again Mr. Adams asked if the formula used for the open space took into consideration the right of way, the wetlands and the road buffers.  Mr. Giuda stated the open space zoning does include the right of way, the road buffers and the wetlands in the formula.  Mr. Giuda cautioned Mr. Adams when preparing his research on impact of fifty-five and older developments, it was critical to distinguish that his proposal has no assisted living units and no full care units.  

Mr. Adams commented as to Mr. Merrill’s proposal, there will be seventeen conventional dwellings and they will have children which will cause an impact on the school.  

Selectman DeBold closed the discussion by again asking Mr. Adams to bring in both negative and positive impacts of his research on cluster developments such as the fifty-five and over projects currently before the Planning Board.

SUBJECT: Ownership of the right of way off Perry Brook Road
PRESENT: Lorne Bouley & Brandon Giuda

Mr. Bouley submitted a letter to the Board of Selectmen outlining his concerns for the proposed use of the Town’s right of way on Perry Brook Road.  Mr. Bouley does not want the road opened up.    According to the deed given to the Town by NH Timbers Inc. the right of way is the 50ft road as indicated on the subdivision plan approved by the Planning Board in 1971.  Also drawn on the plan in broken lines, is a right of way off the end of the cul de sac that runs between Mr. Bouley and Mr. Maguire’s property. Mr. Bouley and Mr. Maguire are of the opinion this is a separate right of way granted to them from NH Timbers, as indicated by their deeds and the Town has no rights to upgrade this portion of the right of way for this to be the connecting road between the Giuda and Merrill subdivisions.  Mr. Bouley also voiced his opposition to the proposed road going straight in front of his property and changing his quality of life.

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Mr. Giuda and Mr. Merrill have met with the homeowners and have agreed to write up an agreement and subsequent deed work, relocating the road layout.  Mr. Giuda was not proposing changing the submitted plans at this point in time.  Neither party involved wished to delay the project from moving forward.  

A lengthy discussion took place as to the ownership of the right of way(s), exactly what right of way the deeds were describing, who had rights to said right of way(s) and what were the permitted uses of the right of way(s).  

Mr. Giuda’s legal opinion was the right of way described on Mr. Bouley and Mr. Maguire’s deeds was the unimproved right of way described on the Town’s deed from NH Timbers.  

Mr. Bouley believes the right of way described is to the two individual property owners.  Both parties stated they did not wish to delay the project, were trying to work out an amicable agreement for all parties, but were prepared to fight the issue all the way to the Supreme Court.

The Board of Selectmen was not in agreement to allow Mr. Giuda any deviation from subdivision procedures.  Requirements and or conditions are set by the Planning Board.  

Chairman Colbert asked Mr. Bouley if the right of way is on personal property, do you want a development in front of your property.   Mr. Bouley responded no.  Chairman Colbert stated if it is Maguire and Bouley’s right of way, they do not have to agree to sell it to the developers.  Chairman Colbert did not want the homeowners bullied into selling.        

Selectman DeBold questioned whether or not moving the road would constitute a subdivision of the Maguire property.  

Mr. Guida feels moving the proposed road layout is in the best interest of the Town.   Mr. Giuda would like to move ahead with the property owner and develop the easement and have the new road layout surveyed.   

The Board of Selectmen feel the ownership of the right of way must be determined before any changes or agreements can be made.  The Selectmen will send this issue to town counsel for determination of ownership.  This issue will be a topic of discussion at the Planning Board meeting on September 6, 2007.  


The Board opened the fuel bids.  One bid was received after the deadline from Fred Fuller Fuels and was not opened or included in the process.  Two remaining bids, filed on time were opened.  The Town received a bid from Davis Fuels for $2.499/gal and a bid from Rymes Heating Oils for $2.399/gal.  Motion Chairman Colbert, second Selectman DeBold to accept the bid from Rymes Heating in the amount of $2.399 per gallon for the 2007-2008 heating season.  The Chairman called for the vote.  MacCleery –yes; DeBold – yes; Colbert- yes.  Motion carries.  

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The Board received a written letter of compliance from the NH Department of Environmental Services regarding the Administrative Order #WD 05-022, regarding the unregistered dam at Marsh Pond. A copy of the compliance letter is attached to these minutes as part of the permanent record.  

The Board reviewed the request from the Police Chief to authorize the expenditure of up to $6,500 for the purchase of two used off road vehicles for the purpose of OHRV details using surplus monies from the Police Special Details Revolving Fund.  Motion Chairman Colbert, second Selectman DeBold to authorize the Police Chief to spend up to $6,500 from the Police Special Details Revolving Fund for the purchase of two used OHRV’s, contingent upon approval to spend such funds from the Department of Revenue.  MacCleery – no; DeBold – yes; Colbert – yes.  Motion carries.

The Board of Selectmen is in favor of authorizing this purchase using Drug Forfeiture monies should the Department of Revenue not allow the use of the monies from the Police Details Revolving Fund.

The Board directed the Administrator to contact town counsel regarding Perry Brook Road with the following inquiry;   what does the Town own in regards to the right of way and does the right of way stop at the end of the cul de sac or go through to the Maguire and Bouley properties.  Lisa will put a package of supporting documents together and forward to town counsel.

The Board reviewed the letter submitted by the Fire Chief in reference to a recent 911 call.  The Board directed Lisa to contact Warden Stock and schedule a meeting for next week.  

The Selectmen agreed to review their 2007 budget guidelines and bring their thoughts for this year to the table next week.

SUBJECT: Hiring new office assistant

Motion Chairman Colbert, second Selectman DeBold to enter into non-public session at 10:35pm, pursuant to RSA 91-A: 3, ll (b) the hiring of any public employee.  The Chairman called for the vote.  MacCleery – yes; DeBold – yes; Colbert – yes.  Motion carries.

Motion Selectman MacCleery, second Chairman Colbert to close the non-public session at 11:50pm.  The Chairman called for the vote.  MacCleery – yes; DeBold – yes; Colbert – yes.  Motion carries.   

The Board voted in non-public session to make an offer of employment for the Selectmen/Planning Office Assistant to Jamie Pike.  

Motion Chairman Colbert, second Selectman MacCleery to seal the minutes of the non-public session for one (1) year.  All three were in favor.  Motion carries.  

Lisa informed the Board of the discussion with town counsel regarding the process for re-bidding the town lot on Towle Road.  The Board agreed to advertise the new bid in the Concord Monitor and the Union Leader.  

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Accounts payable and payroll were signed.

All remaining mail was reviewed.

The Board approved the minutes of August 21, 2007 with corrections.  The Board of Selectmen approved the non-public minutes of August 21, 2007 as written.

Being no further business, the Chairman adjourned the meeting at 12:04AM.  

Respectfully submitted,

Lisa Stevens                                                    

______________________    _______________________   _______________________  
David Colbert, Chairman        Richard DeBold                      Stephen MacCleery

                                                APPROVED AS CORRECTED

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