TOWN OF DUNBARTON
BOARD OF SELECTMEN
MINUTES OF MEETING
Present: Chuck Graybill, Chair
J.R. Swindlehurst III
Les Hammond
Janice VandeBogart, Town Administrator
7:00 pm : The Selectmen were visited by Senator Ted Gatsas. They discussed various items that are before the house and senate this year. Senator Gatsas assured the Selectmen that he would be available if they needed him and encouraged them to give him a call any time. The Senator talked about LCHIP and the possibility of some budget cuts there. The bigger communities do not take advantage of the program, only the small towns. So they do not benefit from the funds and are proposing that it be self funding. The Selectmen asked about the new state building code. Senator Gatsas stated that the Code is all encompassing for all building, commercial and residential. The Selectmen inquired as to what happens if towns don’t do it? The Senator stated that it was a State law, if there is a problem the local community could be liable.
Plowing Snow into Roadways: Pat Whittier, and the Road Agent, Jan VandeBogart were in to discuss the pushing of snow across the road by town residents and those hired to clean residents driveways. The Police Chief issued 11 warnings today. Pat Whittier stated that Everett Dam Road is narrow, snow out to the yellow line. Chuck Graybill stated that the next step is a fine after the warnings are given. Les Hammond said that he would be making an announcement at town meeting so that people would be aware that this is a town ordinance and fines will be imposed to those violating this ordinance. Pat Whittier stated that letters went to all people who plow a few years ago and this should be repeated before the next season. It was noted that the homeowner is liable for the fine not the person who plows. Lori Davis stated that she was getting snow pushed across the road to her side of the street and she had to have it removed with a loader. She was advised to call Jeff Nelson to follow up on this.
JR Swindlehurst stated that in the fall the Road Agent and the Selectmen should set up a game plan by having a meeting with all contractors, police and send out letters to all who plow. Also, to have something in the newspapers so that people are reminded that this is a on going problem and a safety issue for the police, highway and fire departments.
Karen Meehan: Karen Meehan stated that she is still having a problem with Tom Gleason having three commercial vehicles on her property on Clinton Street. Chuck Graybill stated that the building inspector was instructed to go to her property to review . According to Ms. Meehan this was never followed up on. The selectmen will be sending a memo to the Building Inspector to inspect the property as soon as possible. They will set a deadline in the memo.
Eviction order: Karen stated that she has to start all over because of a court technicality. She stated that spring is coming and now the property will be flooded and the septic problem will be more evident. She said she never received a test from Bruce Vaal (health inspector). Les said that there is nothing the town can do about the septic. Karen asked if it is an uninhabitable place how come the town cannot shut it down. She felt she needed some help from the town. Chuck Graybill stated that the selectmen voted not to do anything until the court case was settled and it is still not settled. BOS said it was her responsibility as the landowner to fix the septic. Regarding the commercial vehicle issue, this is an enforcement issue that will be followed up with the building inspector. She said she had tried to get the police chief to follow up on this but the BOS stated that this is a court order and she has to go back to court in order to enforce, not the town police’s jurisdiction. Regarding Tom Gleason, Karen stated that it was a Building Inspection issue that Tom does not have an occupancy permit for his commercial business and was only entitled to one commercial vehicle. Home occupations in Zoning #3, he owns building so can get a permit for home occupation. RSA 205A which governs mobile homes parks, pertains to what can or cannot be done on the property. It also says that any violations can be followed up on by any police department. Was classified as a park, started with 4 homes, before zoning. Regarding the driveway permit, Karen stated that Mr. Gleason is parking in the right of way according to the permit. She stated that the local police did not enforce but BOS said this was not a town road, state road and would have to be followed up on by the State.
Chuck stated that he appreciated Karen coming in and will follow up with the building department and get some answers.
It was decided to send a memo to the Building Inspector, Bruce Vaal, stating that he is to attend the Planning Board meetings or send a representative. It was also decided to send a memo to the BI, setting a deadline to follow up on Karen Meehan’s property.
Ken Swayze: regarding Stillwater subdivision: The Stillwater people were going to give the town 17 acres with some restrictions regarding cutting of trees. They then decreased it to 13 acres to insure the saving of trees. This land would have a conservation easement placed on it and be under the jurisdiction of the Town Forest Committee with rights to manage as a forest. The dredge and fill permit from the DES stated that if they disturbed wetlands more than 10000 square feet, they have to give some good land in exchange. Stillwater choose to use the land promised to the town as mitigation with the state. This would mean that no permanent structures could be placed on the property nor could it be used for a ball field. Stillwater worked this out with the state without the knowledge of the Selectmen, Planning Board or Conservation Commission.
Ken Swayze stated that he has been working with the state wetlands, Mr. Collis Adams and asked if we can use some of the high land for a ball field. DES stated was powerless because the permit had been issued however Mr. Adams indicated that something could be worked out. Mr. Adams stated that if the town intended to use a portion of this land, put a buffer on the better land, also includes an access way, might accept that and have the wetland area only restricted to the restrictions of DES. The big issued is that no one was ever informed. Chuck was working with their lawyer and it was never mentioned. The Conservation Commission was working on the Road profiles and were never informed either.
It was noted that if this easement was to be under the jurisdiction of the Town Forest Committee it would have to written in the easement to manage it under traditional logging practices. Ken brought out that the Keefe Subdivision was approved with mitigation but the state allowed the use of some of the subdivided lots. Stillwater could have use some of their view lots but choose not to.
The selectmen stated they will review the road plan and the conservation easement and they will take it under advisement.
Memo from Police Chief: A memo was received from the Police Chief regarding an amendment to the personnel policy regarding sexual harassment (see attached). The motion by J. R. Swindlehurst to amend the personnel policy regarding sexual harassment was seconded by Les Hammond. All were in favor.
Building Inspector: The building department asked for direction regarding the temporary occupancy permit for Karen Toledo on Ordway Road. There is still a problem with the stairs and this is being worked out with the company who constructed the building. The Board of Selectmen voted to give another 30 day extension so that this can be resolved.
Linda Peters, Town Clerk: Ms. Peters inquired through the Town Administrator, what the policy is on replacing damaged mail boxes. The Snow Removal Policy adopted in November of 2000 states that the town is not liable for mailboxes, fences, etc. placed in the town right of way and is the sole responsibility of the property owner.
Road Release: Rangeway Road. Landowners, Jonathan & Cheryl Dionne have signed a road release form in order to obtain a building permit on a class 6 road. The Selectmen signed the form and it will be forwarded to the Merrimack County Registry for recording.
Ron Slocum: Supervisors of Checklist was in to show the board his purchase of a new lap top computer to be used by the Supervisors to update their checklist.
Motion by Les Hammond to adjourn at 9PM, second by Chuck Graybill, all in favor.
Meeting adjourned at 9:00 pm
________________________________________________________________
Chuck Graybill, Chairman
________________________________________________________________
J.R. Swindlehurst, III, Selectman
________________________________________________________________
Les Hammond, Selectman
Respectfully Submitted:
Janice VandeBogart, Town Administrator