TOWN OF DUNBARTON

BOARD OF SELECTMEN

MINUTES OF MEETING

 

JULY 8, 2004

 

 

 

Present:          John R. Swindlehurst, III,  Chairman

                        Charles Graybill

                        Merton Mann

 

                        Janice VandeBogart, Town Administrator

 

 

7:00 pm:  Meeting was called to order.

 

Janice VandeBogart:  Reported that a fence was put up at 22 Barnard Hill Road (Ruggiero)  in the town Right-of-Way.  A letter will be forwarded to them by the town Highway Department informing them that the fence will have to be removed before winter as this will be a hazard for the town regarding snow removal. 

 

The board was informed that the town’s “Motion to Dismiss” had been granted by the courts regarding the Dancewicz non buildable lot agreement. 

 

A message from the Road Agent was relayed to the Board regarding the reclamation of Gorham Pond Road.  Reclamation will be complete next week and paving is scheduled to begin July 19th.  Jacqueline Drive will be next on the list of paving projects which will hopefully be done that same week.

 

MILFOIL – GORHAM POND:

Lou Costa and Lou Deberio and residents of Gorham Pond were in to discuss the  milfoil problem.  They requested that an article be put on the town warrant for the 2005 town meeting that would provide funds for the milfoil control at Gorham Pond.   They asked how to get an article on the warrant, by petition, etc.  The Selectmen advised them that they would not need to petition, the selectmen would be glad to support an article.  The group asked about the wording of the article and were advised that the town administrator, Janice VandeBogart, would check into the wording for them and let them know.

 

Chuck Graybill stated that he asked the Conservation Commission  to write a procedure for all water ways to control milfoil.  The Commission sent that in to the Selectmen about four weeks ago and Selectmen agreed with verbiage.  He also stated the he thought that the Conservation Commission should come forward and pay the 50% that the state would not pay out of their funds instead of the taxpayers paying for it.  The Commission also would be responsible for getting the grant from the state.   Mert supported Chuck’s stand that the Conservation Commission should pay the towns portion or  the town  could take it out of surplus.  He went on to say that the Selectmen want to do this and it is only the question of who will pay and where the money will come from. 

 

Lou Deberio stated that members of the Conservation Commission had met with the Lake Gorham Association and denied that they would pay for the milfoil clean up.  They also felt that the Commission should pay from their funds.  They went on to say that the cost would be around $8,000 (cost at this time) but could be more next year.  The DES could give an estimate.  The town would pay 50% and the state 50%.

 

The Selectmen stated that the article would be placed on the town warrant and it can be decided then how it will be divided up and who will pay.  Also, the article wording can be changed at town meeting. 

 

Lou Deberio stated that the milfoil problem could be an on going problem and wanted to know if they would have to come to town meeting every year.  He was told that that was quite possible. The procedure is that the Conservation Commission would have to  go for the grant every year and it could be presented every year to the town to keep it under control.  Lou  Deberio also asked if there was  any way to close the public boat ramp.  He knew that they would have to go to the  State with such a request but  thought that if would have more meaning  if the Board of Selectmen acted on it for them.  JR Swindlehurst stated that they could contact Ted Gaddis, our representative.  Lou and others felt that as long as the boat ramp is open the problem will continue.

 

Lou Deberio wanted to know where to go if the town should vote against the article.  The Selectmen confirmed again that they would support it.  Chuck Graybill stated that the only way he would support it was if the Conservation Commission paid for the clean up from their funds.

 

Anne Marie Merrill inquired as to what the purpose of the Conservation Commission was and to whom do they answer.  The board stated that the Commission follows state laws, members are appointed by the board of Selectmen and 50% of the current use penalties collected is deposited in the conservation fund, which was voted in at town meeting a few years ago.   The Commission has stated that the money is to be used  only for land acquisition however, the purpose of the conservation fund was set up for “conservation purposes”. 

 

Lou Deberio stated that there is a pipe going into the lake from the Whitney lot which pumps water from the pond to flush their toilet.  Someone needs to contact them to pull the pipe out when the lake is treated. The State did not want to use the pellets to treat the milfoil  because they believed that they were using the water to drink.  Who would contact them.  ??  It was decided that the Association will contact them. 

 

Hiring a contactor to treat the pond was discussed.  Brett St.Claire from the Conservation Commission would contact people and the state would be the ones to hire.  It was advised that the Gorham Pond residents contact the state to find out how they wanted us to do it. 

 

The Policy regarding milfoil was discussed.  The Selectmen indicated that it has not been officially  adopted by the board.   Mr. Deberio  pointed out that the policy refers to them as the Lake Gorham Association and they wanted to be referred to as  Lake Gorham Residents.

 

It was asked if there was a tax abatement available for people who live there  due to the milfoil problem.  Chuck stated that there was no abatement in place at this time.  This question will be asked of the Board of Assessors as we are going through a revaluation of the entire town in the year 2005, starting in 2004.

 

Ms. Mahoney of Holiday Shore Drive, K1-7-8, was asking if there were any plans to pave that section of the road.  This was be taken under consideration but the town has no plans at this time.  

 

TERRY JELLEY, CHAIRMAN, CEMETERY TRUSTEES:  Terry advised the Board of Selectmen that Patrick Bowne  has given his written resignation as a Cemetery Trustee due to personal reasons.    Terry recommended that Robert Josephsen be considered as he his name was on the ballot this year for this position.   The Board agreed that Terry should contact him and see if he was still interested.  Terry spoke about the painting of the cemetery fences and that Geoffrey Johnson was all set to start.  The Trustees would get the paint soon and it was recommended that they purchase a good, water based paint that would last. 

 

JR Swindlehurst made the motion to accept the resignation of Patrick Bowne, with regret,  as a Cemetery Trustee.  The motion was seconded by Chuck Graybill and the vote was in the affirmative.

 

DONNA FLEMING AND BRAD ASBURY:  They stated that they live at #9 Jacqueline Drive and had concerns about and questions about what is going on with one of their neighbors.  They stated a neighbor was running a logging company out of his home, and  trucks were going up and down the road all day long.  Others working for him were also driving trucks back and forth and it happens seven  days a week and in early mornings around 6am or earlier.  Mr. Asbury stated that he had talked  with the owner, Guy Doucet,  before but it did not work out very well.   He stated that equipment stays overnight and they are parked  on the road.  There are at least three pieces of heavy equipment, and pickup trucks.  He also stated that there was an oil spill last year (on Mr. Doucet’s land).    Ken Swayze, Building Inspector, stated he  was aware of it and spoke to  Mr. Doucet.  Mert Mann asked if this activity is allowed.  Mr. Swayze stated that under home occupation businesses are allowed in town but to keep in mind that now we have a noise ordinance.  However, trucks are allowed on the roads in town.  It was also noted by the Selectmen that under home occupation rules there can not be more than one commercial vehicle on the property.

 

Ms. Fleming stated that the operation involved a logging yard now as trucks are going  in and picking up logs and leaving.  Logs are stacked, sorted and removed. 

 

Ken Swayze stated that Mr. Doucet  was spoken to about this but that Mr. Doucet felt  hat he had enough  land to operate this business and he has a right to do it.  Donna Fleming stated that they would like to find a middle ground and work this out.   She also asked about a devise that was on a telephone pole that flashes.  It is located one pole up from their property and they were wondering what it was.  The town office will check with the telephone company.

 

Chuck stated that the town will be paving Jacqueline Drive soon and then the town will have more control over what goes on regarding the roadway.  The Selectmen will be addressing this problem and Ken Swayze will visit the site.  Also the board will ask  Mr. Doucet to come in to meet with them.  The Board will also request a list of  commercial vehicles registered in his name from the town clerk.   Mr. Swayze stated that to his knowledge the town has no permit on file for a home occupation  at that property, however, they would be allowed to have a home occupation if all the rules of home occupation are adhered to. 

 

Meet was adjourned at 8:50 pm.

 

                                                                        _________________________________

                                                                        John R. Swindlehurst, II, Chairman

 

 

                                                                        _________________________________

                                                                        Chuck Graybill

 

 

                                                _________________________________

                                                Mert Mann

 

                                                Dunbarton Board of Selectmen

 

 

Minutes recorded by:  Janice VandeBogart