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Selectmen Minutes 12/30/2008

Chichester Board of Selectmen
December 30, 2008

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

Chairman DeBold opened the meeting at 7:00pm.

SUBJECT: Alleged Light Trespass-Z-1 Express  
PRESENT: Jack Nassar, owner; Steve Nelson; manager & Mr. Nassarís father

The Selectmen have received a complaint from the Concerned Citizens for Lighting, alleging glare and light trespass at this establishment.  Chairman DeBold summarized the process handled once the Board receives a signed complaint.

Mr. Nassar came before the Board to discuss his continuance to be a ìgood neighborî and address this issue to the best of his ability.  Lights such as those replaced at the Hess Station have been ordered for the canopy over the gas pumps.  Mr. Nassar submitted the light specifications for the townís records.

Mr. Nassar expressed his frustration by stating he feels the town doesnít want him here.  He received a letter of complaint regarding adult magazines and he no longer carries them, he is not open 24 hours like Mr. Mikeís was, he closes at 10:00pm.  Per the Lighting Ordinance, established businesses are not required to replace existing fixtures until 2011.  The lights do not encroach over the property lines.  

Mr. Nelson questioned how the town can make them comply with a law that was adopted in 2004, when the station was built eight (8) years ago.  Mr. Nelson stated he has polled his customers and none stated they see glare on Route 4 form their lights at Z-1.  Mr. Nelson further stated that according to the lighting ordinance, under glare, compliance is not required until 2011, should the business be shown to be in violation somehow.  Mr. Nelson summarized by stating that they were willing to work with the town as much as possible, just asked that the Board do the same.

The Board, individually, made site visits to investigate the complaint.  The Board was in agreement that there was no light trespass, however, the Board did agree that the canopy is emitting glare.  Once the new lighting is installed, this problem should be corrected.  The Board will make a final site visit, once the office is notified that the new lighting has been installed.


The Board reviewed the final expense report for the 2008 fiscal year.  Lisa explained that the report shows the accrual basis of accounting and no longer accounts on a cash basis. This transition results in some individual budget lines overspent, however the total departments are not overspent and a surplus of approximately $50,000, will be returned to the General Fund.  The Board approved the report as written.

The Board reviewed the submitted list of encumbrances from the 2008 budget.  (List attached for the record.) Motion Selectman MacCleery, second Chairman DeBold, to encumber $9,103.53 as proposed by the Town Administrator, per the report submitted, dated 12/30/08.  All were in favor, motion passes.

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BOS minutes
December 30, 2008

The Selectmen discussed the overspent highway payroll line and agreed that going forward, all time over the regular forty (40) hours, will be charged to the overtime line.

Chairman DeBold informed his fellow Board members that he had followed-up with the Police Chief regarding the inquiry of personnel on duty while attending budget meetings.  Chief Clarke informed Chairman DeBold that he was aware of the recent incident that took place when Sargeant Martell covered a shift for Corporeal Corbett.  Sergeant Martell is no longer scheduled on a regular basis to work on Tuesday evenings.  When the need arises, John will be asked to work.  When a call is received, Sergeant Martell always leaves the meeting to respond to his police duties.   The Board agreed to an occasional happenstance, but requested Lisa send a memo to the Police Chief requesting he curtail from scheduling Sergeant Martell for duty on a Tuesday evening during the budget season.

The Board approved a $100.00 dollar bid from Pat Clarke for the purchase of one of the surplus office computers.

The Board discussed the invoice for recent tree service from Bartlett.  The majority of the Selectmen requested the bill be held until a detail of services was received.  Lisa will inform the Road Agent to request a breakdown of services on this bill and going forward to have all vendors submit detail breakdowns.

Selectman MacCleery has reviewed the US Census map and informed the Board of the process to submit a correction.

The Board has received and accepted an email response from Chucksters stating the agreement with the Selectmen, allowing the property owners to replace the remaining light fixtures in the spring of 2009.

Chairman DeBold signed two building permits for Gold Leaf Homes.  Selectmen MacCleery and Jordan signed an abatement for the DeBold property on Staniels Road and issued a Supplemental Warrant for a corrected tax bill for the DeBold property on Staniels Road, map 2, lot 42.  The Board signed two interest abatements for Head, map 4, lot 151.

Mail and correspondence were reviewed. Accounts payable and payroll were signed.  Being no further business for this evening, Selectman MacCleery motioned for adjournment at 8:55pm.  Selectman Jordan seconded, meeting adjourned.

Respectfully submitted,                                                 

Lisa Stevens                                                                    Approved As Written

______________________            _______________________                _______________________  
Richard DeBold, Chairman                  Stephen MacCleery                     Jeffrey Jordan

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