TOWN OF DUNBARTON

BOARD OF SELECTMEN

MINUTES OF MEETING

Sept. 9, 2004

Present: Chuck Graybill

J.R. Swindlehurst, III (arrived at 8:15 p.m.)

Mert Mann

Janice Van de Bogart, Town Administrator

7:10 p.m. Other Business:

J.R. reported that the Whitney’s sent a letter to inform the Board that they do not have a pipe in Gorham Pond. This was in response to the report that a pipe in the lake belonged to them and restricted the type of treatment available for the milfoil problem.

Janice indicated that the Conservation Commission would like to have four alternate members appointed. Chuck motioned to appoint as alternates, until 3/05 the following individuals: Mel Gendron, Rick Kiah, Stan Sowle and Mark Wamser. Mert seconded the motion. The motion carried.

Janice presented a letter for the Board to sign regarding the noise pollution at the McDevitt pit.

7:15 p.m. Gorham Pond zoning, present: Lou Costa, Tony Migneault, Bernie Bastian

The above residents of the Gorham Pond area came in to request that the Board grant them relief concerning the requirement of a certified plot plan for renovations to their properties, citing a financial burden on the residents. They are also concerned about the 50 foot setback requirements, which are more restrictive than their covenants. To justify this request, Tony read from ZBA’s minutes, dated 6/24/99, which indicated that the Board was unsure of the bounds of the Town’s right of way. The residents don’t feel that a certified plot plan is even possible, so why go to that expense?

Chuck indicated that a survey is required on all nonconforming lots; due to previous lawsuits and that the Board doesn’t have the power to change the requirements. He noted that the Town’s learning curve has been expensive and that this requirement is in the best interest of the Town. He said the residents were asking the Board to accept the honor system.

J.R. indicated that lawsuits were likely if there were disputes on plot plans, without having certified plot plans.

Bernie Bastian presented the Board with an Administrative and Constructive Notice and stated that he believes that the residents are being deprived of the use of their land.

A suggestion from Tony was that a registered well or septic plan be an acceptable alternative to the certified plot plan.

J.R. suggested that the residents look into grant money to survey the whole area.

Chuck asked Janice to research how the certified plot plan requirement came to be and then they’ll know if they can proceed.

8:10 p.m. Ronald Ruggerio, re: removal of fence on Town Right of Way

Ron Ruggerio came in to explain why he had a fence in the Town right of way on Barnard Hill Rd. He explained that vehicles pull up in front of his house and several have come close to flipping over, due to the sandy surface and surrounding hills. He is concerned about his liability and is concerned about an oil spill in his pond.

J.R. indicated that the Road Agent is concerned about the plow hitting the fence and breaking the plow. He said that the Town anyone involved in an accident would likely come after the Town, since it is a Town right of way.

Chuck told Ron that the fence needs to be removed and suggested putting the fence on the backside of the stonewall.

Ron said he would comply and remove the fence, but wanted it noted that he doesn’t want the liability.

Janice mentioned an accident that happened in her yard with a car flipping over, and she wasn’t responsible.

8:25 p.m. Other Business:

Chuck brought up the schedule that Woody Bowne provided to the Board, which reflects 38 hours over a four day period. Chuck feels that a management position should be five days per week and that Woody will need to revise his schedule to provide a more balanced five day work week. He would like to have Woody come in next week. Chuck noted that last week’s minutes reflect that Woody will not be plowing in the winter. Woody returned the snowplow key to Janice. Chuck wants to return the key to Woody since it is his responsibility to clean up/do final touches around the buildings.

Mert would like to see a notice submitted to the local newspaper in November, indicating that the Transfer Station may be closed due to snowstorms.

8:35 p.m. J.R. opened the meeting up for public comment.

Lori Davis questioned the snowplow routes and the rules for dumping snow in the road. Janice advised her to check with the Road Agent.

8:40 p.m. Mert moved to adjourn the meeting. Chuck seconded the motion. The motion carried.

_______________________________________________________________

J.R. Swindlehurst, III, Chairman

________________________________________________________________

Chuck Graybill, Selectman

Mert Mann, Selectman

Respectfully Submitted,

Joanne Johnson