DUNBARTON BOARD OF SELECTMEN
MINUTES OF MEETING
THURSDAY, DECEMBER 16, 2004
TOWN OFFICES – 7:00 P.M.
The regular scheduled weekly meeting of the Dunbarton Board of Selectmen was held at the above time, date and place with Chairman J. R. Swindlehurst presiding. It was noted that the meeting was called to order at 7:08 p.m. The following were present:
J. R. Swindlehurst, Chairman
Charles (Chuck) Graybill
Mert Mann
Janice VandeBogart, Town
Administrator
The
Selectmen signed checks.
GENERAL
BUSINESS:
Janice
VandeBogart, Town Administrator, and
Charles Graybill, Selectman, met with the company to go over the insurance
rates and different plans offered by the company. Melissa Briggs, Local Government Center, represented the
company. The Town is not changing
insurance carriers from last year.
Mike
Fortier: Complaint – Building
Department:
Mike Fortier, Gorham Pond, 15 Karen Road appeared before the Board to discuss issues regarding the Building Department as follows:
C. Graybill stated he thought if you built up
because it is being built within the setbacks you didn’t have to go before the
Board of Adjustment. If something is on
a non-conforming lot, there would be an increase in volume.
M. Fortier stated that Ken Swayze said he didn’t
care what was done in the past, from this point forward, this is how we were
going to do it. Is this a fair
statement, Ken?
K. Swayze stated yes he said that.
M. Fortier cited various cases throughout the State
i.e. the Town of Hudson, Windham and Portsmouth regarding interpreting the
ordinance. (attached) Referred to “Administrative Gloss”. I am building a house. I have a certified plot plan showing that I
am staying within the existing building footprint. Went to Bruce Vaal and got information and I have advised my
clients, and the Town has clearly changed their position. They have added volume to the
ordinance. All I want is the Building
Permit within the guidelines of the Town.
I feel really bad but don’t want to “tip my hand” so I will get another
hand crafted letter.
Stated he wasn’t adding more bedrooms. Stated he was denied a Building Permit
before they even know what I was going to do.
They are changing the rules. The
Town of Hudson decided they were going to reinterpret the rules. The part is if they had looked at my plans,
they would have seen I took one bedroom out and will make a larger bedroom and
put in a master bedroom upstairs. I
have even been denied a Building Permit before I even applied for the Building
Permit. I am asking for the same
application of rules that my neighbor has.
C. Graybill stated this is a Zoning issue. I was under the impression that we have a
width and height restriction. If it
truly was changed, we should have presented it at Town Meeting. We should present it to the Town Meeting,
and I would feel that based on past practices, I would overrule his (Building
Inspector) decision.
Ken Swayze stated that on a lot 100’ x 100’, the
whole house is non-conforming. No
portion of the house would be legally permitted. If you were to upgrade your kitchen, it would get a Building
Permit because there is no enlargement of the house. These came up prior to my coming into the Building Department and
was discussed after the Desmarais case.
This is called estoppel condition.
The legal opinion from Town Counsel is that we have got to change our
practices with regard to this issue.
M. Fortier stated the Ordinance has always been
interpreted the previous way, and it is the way we interpret it as a Town. Ken told me he didn’t care how we did it in
the past. This is how it will be done
now”.
Ken stated that an enlargement is an enlargement and
to increase it is increasing the non-conformancy.
C. Graybill stated that we should have sent out a
letter to the contractors in the area to at least notify them of the change in
interpretation.
Mike Fortier stated that when he presents this to
Town Meeting, I will say we lost a right to get a legal building permit as long
as we stayed within the footprint. I
can’t build a building now because we are increasing the volume. This court case addresses this. I don’t want to go that route.
At this point in the discussion, Ken Swayze stated
that Steve Duggan had been here today.
Steve felt we are doing the right thing. We had no real discussion.
We drove by M. Fortier’s project.
M. Fortier stated that they are going to look at
what we do as a Zoning Department, Building Department, etc. and the way we apply the rules. Desmarais got a Building Permit when the
structure was going up. I want to get
my two bedrooms. You as folks, need to
be aware that there was no rule change in the ordinance. That is clear by the letter from Town
Counsel.
K. Swayze stated he was told what the conditions of
enforcement were. I was advised of the
complexity of the Desmarais case.
Mike Fortier said he was instructed by Bruce
Vaal. I have complied three times. We were a test case even if we had an
ordinance. I don’t want to be a test
case. Want to do what my neighbor down
the street did.
Kenneth Swayze also indicated that there is the
Wetlands Conservation District and the Shoreline Protection Act plus
Environmental Services that enter the picture.
The Selectmen advised Mr. Fortier they were not
going to over-rule Ken Swayze. Mr.
Fortier needs to go to the Zoning Board to over rule.
C. Graybill stated the recommendation was so noted.
MOTION:
Mert Mann made a motion that the Dunbarton Board of
Selectmen not overrule the Building Inspector’s decision on the
interpretation of the Zoning Ordinance on non-conforming lots with regard to
volume as written by Town Counsel, specifically Michael Fortier’s request for a
Building Permit. J. R. Swindlehurst
seconded the motion. The motion passed
by a majority vote as follows:
Swindlehurst
– Yes
Mann –
Yes
Graybill
– No
Tim
Terragni, Board of Assessors, Budget Questions:
Tim Terragni, Board of Assessors, appeared before the Board.
1. He reported that appraisal services are estimated at $15,000 for the coming year because of
the Current Use Parcels that have to be looked at. He stated that 50% of the land in
Dunbarton is in Current Use.
The
Selectmen stated they wanted the Appraisal Services to go out to bid. They will have to
prepare
an RFP for the bid. Could seek
assistance from Revenue Administration in writing the . RFP. The cost should be carried in the budget for
the coming year.
2.
Utility
Assessors costs will be increased to $13,000.
The reason for the increase is this is not typical pickup work. It is from the “bottom up”. This was not included in the ReVal.
Patrick
Bowne, Purchases for Transfer Station:
1. Working on the guidelines for procedures on how to handle children at the Transfer Station.
2.
Stated
he was without a fork lift at the Transfer Station because of breakdowns. Checked into the Skidstier and found out
that it will be put out to bid. Bids
will not be opened until January 27, 2005 which will be too late.
Selectmen advised him to rent a fork lift if he
needs one. Selectmen also advised him
to try to locate a fork lift to purchase and get prices.
3.
Will
be receiving a $2,600 hazardous waste bill that we did not expect. Because of this, will be going over budget
prior to the Budget Hearing.
OTHER
BUSINESS:
Janice VandeBogart, Town Administrator, reported the
Ron Boynton, Private Hauler to the Transfer Station, has requested that he be
allowed to pay half his hauler’s fee now and the other half in June. The fee is $500 per year thus he requests to
pay $250 now and $250 in June.
The Selectmen agreed that Ron Boynton not be allowed to split the cost of the Hauler’s fee into two payments. He should pay the $500 fee at once.
Request from the Principal of the School:
Janice VandeBogart reported that the Principal of the School has requested to use the top floor of the Town Hall for rehearsals, etc.
The Selectmen agreed to deny the Principal the use
of the upper floor of the Town Hall because it is not handicapped accessible, there
is no heat, and it has not been cleaned.
Personnel Policy re Paid Vacation Time:
Janice VandeBogart, Town Administrator, reported that Chris Connelly, Police Department, has requested that his vacation time for 2004 of 77 hours be reimbursed to him because he was unable to take the leave.
The Selectmen noted the Personnel Policy requires
that he take at least one week of leave per year.
Selectmen agreed to pay the 77 hours if he has met
the requirement of taking one week during the year.
MOTION:
Mert Mann made a motion that the Dunbarton Board of
Selectmen go into non-public session in accordance with RSA 91-A:3 at 8:33 p.m.
to discuss welfare issues and personnel issues. The motion was seconded by Charles Graybill. The motion passed with a roll call vote as
follows:
Graybill
– Yes
Mann
– Yes
Swindlehurst
– Yes
MOTION:
Charles Graybill made a motion that John Herlihy,
Vice Chairman of the Dunbarton Zoning Board of Adjustment, appear before the
Dunbarton Board of Selectmen on Thursday, December 23, 2004 at 7:30 p.m. for
the purpose of discussing comments made at the Dunbarton Zoning Board Meeting
on Monday, December 13, 2004. Mert Mann
seconded the motion. The motion passed
unanimously with the following vote:
Mann
– Yes
Swindlehurst
– Yes
Graybill
– Yes
MOTION:
Mert Mann made a motion that the Dunbarton Board of
Selectmen adjourn the non-public session at 9:00 p.m. in accordance with RSA 91-A:3.
The motion was seconded by Charles Graybill. The motion passed unanimously with the following vote:
Mann
– Yes
Swindlehurst
– Yes
Graybill
– Yes
Public Comment:
1.
Ron Slocum stated that with regard to the public hearing on the Town accepting
North Woods Road, the owners (Keefe)
were given thirty (30) days for certain items to be corrected. Who is the enforcement officer for
this? The Selectmen indicated they
were. They noted they would probably
send the Road Agent down to make sure everything was completed. Mr. Slocum stated he would have to go over
the list to see what issues were still outstanding. He did remember there was a culvert and landscaping work to be
done, and Keefe had to close off the old driveway.
2.
Ron Slocum stated he understood there have been rumors of possible impropriety on
his part for his wife accepting the proofreading of the Master Plan. Evidently someone at the Steering Committee
Meeting felt it was an impropriety
issue with him recommending his wife volunteer to proofread the Master
Plan. Because of this question of
impropriety, Peggy Slocum, has withdrawn her offer to do the proofreading. It doesn’t matter because it would have had
to come before the Planning Board anyway and would have to be advertised if there had been a fee involved.
Chuck Graybill., Selectman, stated he just had the feeling against Peggy doing it for a fee. I also had the feeling that you were asking
for a job for her. Chuck stated that he felt that for you (Ron Slocum) as
Co-Chairman of the Steering Committee, this would be a conflict of interest for
you to recommend your wife.
Ron Slocum stated it made no difference at this time
because Peggy Slocum was not going to do it anyway.
The Selectmen noted that Alison Vallieres and Ted
Vallieres had agreed to proofread the Master Plan at no cost to the Town as
volunteers. Alison Vallieres confirmed
this fact.
There
were no other public comments.
There
was a motion to adjourn the meeting at 9:15 p.m. The motion was seconded and passed unanimously.
Respectfully
submitted,
Alison
R. Vallieres
Recording Secretary
________________________________________
J.
R. Swindlehurst, Chairman, Board of Selectmen
_______________________________________
Charles
(Chuck) Graybill, Selectman
_______________________________________
Mert
Mann, Selectman