TOWN OF
BOARD
OF SELECTMEN
Present: Chuck
Graybill, Chairman
J.R.
Swindlehurst III
Janice
VandeBogart, Town Administrator
Steve Kennedy was unable to
attend because of a prior commitment.
The Selectmen discussed and
agreed to meet at
Ken Swayze: Building
Inspector. Needed direction regarding Lussier issue. Have issued one permit to Dana Moquin. Town is holding all other permits, Ken asked when to release this restriction. Chuck stated not to do anything until all
work is done. Moquin must give an
easement before he gets a Certificate of Occupancy.
Ken discussed the Erosion
Control Plan stating that there never has been a plan at all. Chuck suggested to waive it. George Holt was to give a status report on
this.
George Nicolloro property on
Manstion Road: Ken inquired as to whether we going to send a letter to Mr. Nicolloro to
ask him to advise the town as to what he will do with his property. (House and garage destroyed by fire July 4,
2002). Ken stated it was the job of the
BOS to write a letter. Chuck asked if
Ken would please write the letter for the BOS.
Ken Agreed.
Stillwater: Ken brought up three items to
the Planning Board on what needed to be done on grade of road near the town
garage. Chuck stated that work was done. Jacques Belanger will set boundaries. Ken talked about markers being placed and the
requirement of a bond before markers are set.
Keefe Subdivision: Ken stated no permits received
to date, such as wetlands, etc.
Zabadee Subdivision: Ken stated that this was
approved by Planning Board. Shrubs
will be put in across street from the road to help with head lights from
cars.
Meehan/Gleason site walk: Ken Swayze and Selectman Steve
Kennedy visited the site on Clinton Street this date with Mr. & Mrs. Meehan
(Mr. Gleason was not present). Reported
that the old trailer remnants were still out
back on the property and the Meehans
were told to get rid of it as soon as possible. Inspected septic areas, no evidence of soft ground.
Garbage and Tire trucks were not there now as reported. Ken Swayze stated he spent an hour on phone
talking with state agencies, Health and Human Services. Ken found out in his calls that he has not
been officially appointed Health Officer according to the State but the
paperwork is being prepared and will be sent to the town office. Ken will be officially appointed as soon as
we get paperwork. H&HS stated they
will not help with financial aid but
will advise on what to do. There is
assistance available and information will be sent to Ken. Talked with someone from Subsurface department
and they knew all about the situation.
Ken also stated that if the garbage shows up on the property again, the Solid Waste will deal with this. Tom Gleason was not part of the visit and he
called later and spoke to Steve Kennedy.
Ken stated that Selectman Kennedy filled Mr. Gleason in and that Mr.
Gleason was satisfied.
The new trailer was moved to
the site last week. Ken asked if the
Board wanted to attached any conditions to the CO. The Selectmen stated that the old trailer must be removed first. Ken did observe other items on the
property: auto parts, wood but not junk
yard material. He also stated that there
is a separate septic system for the new trailer.
Health problems regarding
other system: Ken stated that if there
is a problem with the septic and people get sick we could be liable. It was asked when was it last pumped; answer:
a while ago. If system fails, the home
will be declared uninhabitable, trailer will not be occupied (no mater who
lives there).
Electrical power to the new
mobile home has not been hooked up as of yet.
Cannot get CO without power.
Master Plan: Ken stated that the Planning
Board recommended the approval of
Central NH Regional Planning to update the Master Plan for the Town of
Dunbarton. On behalf of the Planning
Board Ken asked for the blessing of BOS:
Motion made by JR to accept the Planning Board’s recommendation to accept the bid of Central New Hampshire Regional Planning in the amount of $20.500 to update the Master Plan. Chuck seconded the motion and all were in
favor.
Barbara Palys, Old Hopkinton Road: Ms. Palys explained that she purchased property formerly owned by Paul Belanger in November of 2002. She was concerned about the condition of the property abutting her property owned by Michel Belanger. She produced pictures that she had taken of abandoned vehicles, metal barrels, and other various junk and debris.
She stated that she has been denied access to her property by Mr. Belanger. He has been blocking the way to her home with cars, boats and heavy equipment. When she purchased the property she was under the assumption that she had a right of way across Mr. Belanger’s land to her home. She has road frontage on Old Hopkinton Road, however, water separates the lot and her home is located on the other side of the water. It wasn’t until after she had purchased the property that it was clear that she did not have a deeded right of way. She showed the Selectmen notes written on the assessment card that indicated a ROW (right of way) of 50ft x 600ft. Nothing else in the records indicate a ROW. Her attorney is still gathering material. She also show a copy of the building permit, stating that it was never signed by the Dunbarton Building Inspector. It showed the building located on a “road” but it is not clear if this “road” is Old Hopkinton Road or the ROW. She stated that she is not prepared to do anything legally at this time but will keep digging. Ken Swayze stated that he would help with information but could not do anything further. She agreed. Ken talked about a “meaning and intending” law where it could have been implied that there was a ROW, the assessing records show this. Ms. Palys and Ken Swayze agreed to meet some day next week to work on this.
Donna Dunn: Asked about what is happening
with Ethics committee decision. Chuck
said that they have turned it over to the Attorney and no words as of now. Not sure when will be resolved. Donna stated that she wanted to remind
everyone of all the grief she and others went through and just wanted to know
that she now wanted a follow-up.
Don Prior: Mr. Prior stated that he was
pleased with the appointment of David Breault as an alternate to the Planning
Board. He stated that there seems to be
concern by residents that there is not a balance on the Planning Board in
regard to voting members. Chuck stated that voting is spelled out by
the RSAs. Currently have two alternates
and RSA say we can have up to four. We
have asked the board of their opinion on this.
Mr. Prior stated that he was onlyinvestigating what others are telling
him and that he had not come to any conclusions yet. He
wondered what the BOS were willing to do about this potential
imbalance. Chuck Graybill stated the
having served for many years and as a representative of Selectmen, he has never
had any complaints or problems with planning board voting. JR Swindlehurst stated he has not heard of
problems either. He felt that maybe
people are upset with recent development of property in town but not with
members.
Ron Slocum: Asked if the Board had heard
of comments made by Steve Kennedy last
night at meetings. His impression
was that Mr. Kennedy was concerned about the Planning Board having builders on
the board and they do step down when involved but voted on other projects. Ron stated the he was not complaining about
the member involved but wanted to know how far does someone go before they
excused themselves. When do you call it a conflict of
interest. Ron felt that Steve Kennedy was not questioning or accusing
anyone on the board but was only making a statement.
Donna Dunn: Spoke to selectmen in regard
to old Hurst. Lots of work that needs to
be done and she is working on getting people to work on it, hopefully for free. She is following all kinds of leads. Donna stated that they need good place to store. They need a building with no critters and
with electricity and water so they work on the Hurst. She asked the selectmen to think about how
authentic they wanted it to be. Do you
want it just up and running or complete
restoration. This will dictate
cost. She spoke to Bob Anderson who
owned it and donated it to the town. He
may have the name plate and will get to her if he can find it.
JR suggested speaking with
Bob Boynton because he does a lot of work on wheels, etc. Also, Chuck suggested other contacts.
Tim Terragni: Tim came in to discuss an that
the Board of Assessors are in the process of dealing with. In March 19, 1996 according to the
Assessors’ minutes, an appeal for an abatement was applied for by Barry
Dancewicz and it was mention that they
were interested in signing a non-buildable lot agreement. Mothers name was Roberta Dancewicz. She and her husband came to meetings at least
three times with the Assessors on Barry Dancewicz’s behalf and the board spent
a lot of time with her and her husband.
They wanted tax relief and the board worked with them. Compton worked with them to try to come up
with a way to save taxes on the property.
She did sign a non-buildable lot agreement and it was recorded at the
Merrimack County Registry in Concord.
The family is now contesting it
saying that she was not the owner at the time.
The tax records indicated that she was the owner. It changed hands in 1991 and this was done in
1996. The mon-buildable lot agreement
was signed by owners and by Roberta.
They are saying they did not sign the agreement even though their
signatures are on the form. Tim stated
that this document was constructed by the town attorney and duly signed and
notarized by a notary public.
The BOA mailed them a letter
saying that they would get back to them
shortly. The Selectmen recommended that the BOA let it set until the Dancewicz
get in touch. Selectmen further stated
that the BOA should not consult the town attorney until we hear from the
Dancewicz family regarding any legal action.
Bill Blais: Mr. Blais stated that the Road
Agent brought a load of gravel and he
said he would bring more gravel when the shoulders were fixed and has not to
date. Mr. Blais stated that he would not
work in the town right of way because of insurance. JR Swindlehurst stated that Robert Rogers
Road was a two rod road. Mr. Blais
stated that the Road Agent inspected his
driveway and he required that drainage
be put in. Mr. B was given five
yards of gravel and barely enough material to fix. Now when we get heavy rain the water pools and
silt builds up in the culvert pipe.
Selectmen will contact Road Agent to call Mr. Blais.
Steve Kennedy: Steven Kennedy came in at
9PM. He discussed the Planning Board
Master Plan and stated that he would like to write up a purchase order for the
work and use the response they gave us to tie it in. George Holt to do the build out.
He discussed the Planning Board
meeting of last evening and his concern about conflict of interest. His question was how often does a Planning
Board member bring things to the
planning board and how often does that person vote on other plans and his
question was totally blown out of proportion.
He also asked how often was the surveyor hired by a member come to the
planning board and that member voted. He
was not doubting any ones honesty but wanted an answer to his question in order
for HIM to vote.
Motion to adjourn was made
by JR Swindlehurst at 9:15PM and
seconded by Chuck Graybill; all in favor.
___________________________________
Charles
Graybill, Chairman
` ___________________________________
John R.
Swindlehurst, III
___________________________________
Steven
Kennedy
Board of
Selectmen
Recorded by: Janice VandeBogart, Town Administrator