Present: Beatrice Davis Chairman, Gino Funicella, Dave Mason Selectmen
Visitors: Jackson Police Chief Karl Meyers, Jackson Fire Chief Edward Dubie, Sarah Clemons, Bobbie Meserve, Shawn Bergeron, Andy Chalmers, Martha Benesh, Hank Benesh, Anne Peterson, Shana Myers
The Board was called to order at 4:02 p.m.
1. Approve the minutes of June 16, 2008 The minutes of June 16, 2008 were reviewed and approved as amended.
2. Karl Meyers Chief Meyers brought in a camera that can be installed in the hallway of the town offices, allowing staff to monitor who has come in. Selectman Funicella, seconded by Selectman Mason, made a motion to have the camera installed. The motion passed unanimously. Chief Meyers reported that the10k race went very well. The Department responded to several burglar alarms and provided a number of Good Morning checks. They responded to a report of two young children alone by the Dana Place Inn. A vehicle was driven into a ditch, which had to be towed. There was a
noise complaint from Hoot Night; he noted there haven’t been any complaints for quite a while; it was motorcycle week. The Department responded to an older man who was seizing and a young boy fell through the bridge at the golf course. The Department put pillions up. There was also a report of siphoning 250 gallons of kerosene and a 911 hang-up.
3. Paul Pagliarulo Alpine Drive Tracey Scranton provided the following memo for the Selectmen’s review:
Alpine Drive Cul-De-Sac – This issue was originally raised at the Selectmen’s meeting of April 28, 200. In discussion, it appeared a property owner on Alpine Drive, Paul Pagliarulo, was of the opinion that the cul-de-sac at the end of Alpine was his property and not part of the town road. Following the meeting of April 28 deeds were reviewed, Town Reports covering actions of the town in accepting Alpine Drive were reviewed, deeds and plats filed in connection with later lot line adjustments were reviewed, tax maps were reviewed, and surveyors who had performed surveys of the property in question were contacted. This situation and the information reviewed were discussed with the Legal Department of the Local Government Center and Town Council, and Rob Upton of Upton & Hatfield. After this review it is the opinion
of the Selectmen that the cul-de-sac at the end of Alpine Drive is the property of the Town of Jackson and should be treated as such. Following is an explanation of the findings of our review.
The Town of Jackson Annual Report of December 31, 1965 carries warrant article #45 dealing with the acceptance of Alpine Drive. The article states, “as shown” approximately 1300ft. The town accepted Alpine Drive on March 8, 1966. The town has a Warranty Deed for Alpine Drive and other Tyrol roads dated Jan. 15, 1970. While the written descriptions of the roads are quite simple and don’t contain the complexity to indicate cul-de-sacs, the deed states the roads are “as shown” on the plan of Tyrol Development, Book 7, Page 36, Carroll County Registry of Deeds. The plan clearly shows a cul-de-sac at the end of Alpine Drive. The plan was filed at Carroll County Registry on October 18, 1967.
In 1979 a boundary line adjustment involving lots at the end of Alpine Drive was presented to the Planning Board. The plat, done by Thorne Surveys, showed no cul-de-sacs for any roads shown on the plat. The roads appeared as they might if someone had simply read the deed description and had failed to examine the plan, Tyrol Development, Book 7, Page 36. The Planning Board approved the requested lot line adjustment.
At a later date Mr. Pagliarulo had work done for further lot line adjustments by Ammonoosuc Surveys. Ammonoosuc supported the position that there was no town owned cul-de-sac at the end of the road. When questioned about their work by the Jackson Town Office, Bob Tafuto of Ammonoosuc Surveys explained they had looked back to Thorne Plan of 1979 and the written description of the road was the same as that contained on the Pagliarulo deed. As did Thorne Surveys before them, it appears Ammonoosuc either missed the reference to “as shown” on the Tyrol Development plan or didn’t expect to find anything that would be more enlightening than the simple written description.
We were able to determine the town tax maps done by H.E. Edmond Bergeron from Sept. 3, 1965 thru April 1, 2000 show Alpine Drive as having a cul-de-sac termination. At some time after April, 1999 and before 2005 the cul-de-sac was removed from the tax map (tax maps between 2000 and 2005 were not found but are still being searched for). At this time there is no information indicating the reason the maps were changed but it is probable it was an outgrowth of inaccurate survey work that started in 1979. It’s only fair to say, the survey work was made more difficult by imprecisely written descriptions of roads prepared in 1965. This error in the tax map will be corrected.
Paul Pagliarulo has spoken with his attorney; there is a plat from 1979 which shows no cul-de-sac. It was Mr. Pagliarulo’s contention that when the Planning Board approved the 1979 boundary line adjustment they transferred the land to the lot owners by approving and filing the plat. Selectman Mason noted a town planning board has no authority to deed away town property; it was an error in procedure from the Planning Board. Jackson’s opinion is that Paul’s surveyors didn’t look at the correct information and that the Planning Board’s action doesn’t change the ownership of the cul-de-sac. Paul noted the town obviously needs the cul-de-sac for turning plow trucks around and he is willing to deed that property back to the town. Selectmen pointed out that their position is no deed is required because the town owns the
cul-de-sac and there was no transfer of ownership as the result of the 1979 Thorne Plan. Paul said he will be filing an application for subdivision of his lot and the plat accompanying that application will show the cul-de-sac as part of Alpine Drive. Paul would be interested in what the Minutes from 1979 said; Selectman Mason quipped they would probably say they got the plan and they reviewed it with no discussion recorded. The Board agrees the cul-de-sac will officially be recorded as town property.
Selectman Funicella noted that since Paul is relinquishing the cul-de-sac he agrees with the proposed reduction in assessment and tax abatement. Paul disagreed that this should be approved because of the agreement over the cul-de-sac; he believes he should have the reduction because when he purchased the property he paid $265,000 because it was marketed as two lots. Jason Call has recommended a reduction in the assessment to $177,000; Paul was told by Jason it would be $148,500. Paul does not want to accept the assessment at the $177,000. Chairman Davis, seconded by Selectman Funicella, made a motion to table the abatement until Paul Pagliarulo can discuss this figure with Jason Call. The motion passed unanimously.
4. Shawn Bergeron & Ed Dubie fire inspections – see memo dated June 17th 2008 (notifications certified mail). The invoices from these inspections charged to which department The town recently entered into an agreement with Shawn to provide fire inspection services but the town warrant only raised and appropriated approximately $2500 for fire inspections, which won’t go far in providing private services. Shawn generated a draft letter which he’d like to send to business owners to make them aware of this agreement and that there will be a fee.
Fire Chief Dubie explained that Gordon used to provide this service for only a token fee which was why the appropriation was so small. Gordon has retired and no one in the Department has the skills to provide inspections. The state used to provide this service but now it’s the town’s responsibility. Chief Dubie warned, if these aren’t done properly and something were to happen it would come back on the town. Every business has to have an inspection every year in order to get their Permit of Assembly and there have been a number of businesses that have requested their inspections and are learning of the changes at that time. The Board agrees it would be good to have a meeting of business owners to explain the changes to the inspection procedure. They suggested some changes to the draft letter. Selectman Funicella, seconded by Selectman Mason, made a motion to have Shawn Bergeron draw up a letter (to be reviewed by the Board before mailing) to invite business owners to a
meeting to learn about the changes in fire inspections. The motion passed unanimously. Chief Dubie thinks this should be sent certified as otherwise there will be owners who say they didn’t get the letter. Selectman Mason disagreed stating this is a courtesy not a requirement. Chief Dubie is concerned the cost for these inspections is coming out of his budget; he was assured that the costs would be offset by the fees collected. There was a bill for Shawn’s contact with Linda Day Mosher the Board would like to know the result. Andy Chalmers stated she will provide more information; she believes closing in the dog shed is allowable on her deed.
5. Ed Dubie (added) Fire Chief Dubie was asked what was going to be done with the back side of the Fire Department building. He explained it would be covered; he expects they’ll use T1-11 or other inexpensive material as there may be changes to the wall in a few years. Selectman Funicella would like an energy audit done on the Fire Department building at the same time as the town offices are done; it’s only $50. The Trickey Barn and the school will be done separately.
The Board doesn’t feel a motion is necessary to have the audit done.
6. Shana Myers building permit Shawn has requested that Shana Myers’ building permit be denied as she hasn’t provided enough information to issue it. He’s sent a letter to her stating what is needed. The concern is that Shana has already started work on it and Shawn had to request that the work stop. There are multiple occupations of the building and the new raised roof construction won’t meet the snow load requirements. Shana noted she is just raising the roof on her private studio; she doesn’t see that as a change in occupancy. There are two apartments, a hair studio, Shana’s
massage office and now her painting studio. Even if she uses the massage office and the painting studio they are not an extension, they are separate. Shawn needs septic information; he’s concerned she’d exceeded her septic approval. Selectman Funicella would like to know why Shana didn’t think she needed a building permit for this project. There is no change in floor space and the project is going to cost her $7,000; she thought permits are only required for projects over $10,000. It was explained that her cost could only be $7,000 but the value of construction could be more; it’s best to apply for one and then let the town make that decision. She must also have licensed contractors for electrical or plumbing work. Andy Chalmers will provide Shana with a copy of his report and Shana will set up an appointment for an inspection of her project.
7. Building permit applications denied by the building inspector: Crowther, Crane, Myers The Myers permit has already been discussed. The Crane permit is denied as the value is too low and the Crowther permit is denied because Ammonoosuc has made a mistake which needs to be corrected.
8. Building permit applications recommended for approval by the building inspector: Marinakis, Lucey, Fullford These were reviewed and signed.
9. Anne Peterson Cyrus Lane Sean Doucette and Anne Peterson have agreed they will be able to come to an agreement so Sean can access his property; the road needs to be a priority. The road is a 15% grade; Burr Philips doesn’t think it should be approved and while he’s not the approving authority the town puts a lot of stock in his opinions. The Planning Board has the authority to allow a steeper road if that’s the only reasonable way to access
the property. If this is approved there will need to be some changes to the road to allow the retaining walls to be out of the right of way so in the event this becomes a town road maintaining the retaining walls doesn’t become the town’s responsibility. Anne had brought this to the Planning Board and they sent her back to the Selectmen. Selectman Mason noted the Planning Board was in error and he has issued a memo to that Board regarding their responsibility. They now understand it’s their responsibility to approve this road, not the Selectmen. Anne should bring a final plan to the next Planning Board meeting; Anne will not put any more money into this project until the concept is approved. Selectman Mason suggested Anne bring as much information as she can to the Planning Board for a conceptual approval. If this is denied Anne would need to go to court as there is no zoning ordinance involved. The Board discussed their concerns with the project as there are two 100 acre
lots (Anne’s and Sean Doucette’s) which could be sold to a developer who says “I have a road and I want to subdivide it for development” it’s not just a matter of Sean wanting to build a home up there. Sean believes he’s grandfathered to build his home but was informed that any work he does today has to meet today’s rules, there is no guarantee that his property would be a buildable lot. There’s another lot up in this area that is having the same access problem and Anne sees that as another reason to provide a good road. Selectman Mason noted the Planning Board has the authority to approve a road that is 3% above the road standard. Selectman Funicella clarified that the road is actually 25% above the standard. The Planning Board won’t give an approval but will decide if they can live with the plan. Anne noted it may not be up to town standards but it’s a decent road.
10. Appointment to fill vacancy of Library trustees The Board will send a letter appointing Edith Houlihan fill the vacancy until the next election.
11. Signatures: Appointment for JPB Sarah Kimball, Garden Club thank you, Land Use Change Tax, Inn at Thorn Hill letter Completed.
12. Jackson Planning Board regular member appointment Selectman Mason, seconded by Selectman Funicella, made a motion to appoint David Treadwell to the Planning Board. The motion passed unanimously. The Planning Board needs an alternate to replace Willis Kelley. Selectman Mason, seconded by Selectman Funicella, made a motion to send a letter to Willis Kelley thanking him for his lengthy service on the Planning Board.
13. Other Business Selectman Funicella noted that Chief Karl Myers comes in every two weeks to provide an update, he’d like to have Jon Edgerly in once a month and also Tracy Scranton in every two weeks to provide an update to the Selectmen on items that remain outstanding. Selectman Funicella, seconded by Selectman Mason, made a motion to have the Administrative Manager come in every two weeks to provide an update.
Selectman Funicella noted the town has a number of properties that have gone through the various stages of deeding. The town has the right to take property that has outstanding taxes. The town should take them and sell them to recoup the money owed. Selectman Funicella, seconded by Chairman Davis, made a motion to get an update on deeded properties.
Chairman Davis noted the town crew will be using the backhoe to fix a damaged waterline by the Fire House. She also reminded everyone that they must number their house. She believes folks should be given a month to comply and then fines will be levied.
The Board reviewed an agenda submitted by Jon Edgerly. Selectman Funicella, seconded by Chairman Davis, made a motion to put the discussion about the Transfer Station on the agenda for the Selectman’s meeting on July 14th. The motion passed unanimously.
Selectman Funicella met today with a number of folks including Tri-county CAP and Conway’s Welfare Officer regarding the impending disaster coming with this winter’s heating costs. The Town of Jackson doesn’t have much money in its Welfare account; the town is the last resort but it must provide assistance if a person/family qualifies. The state isn’t going to provide help and the assistance that the county can provide translates into one tank of fuel at current prices. There are a lot of people who are going to be in trouble. Martha Benish would like to know who owns the wood that’s on town property; this is owned by the town and is burned in the Highway Department building.
Chairman Davis noted there has been a complaint about a lot of lights out in the village. We recently replaced a number of them that were replaced that were just loose. Lights that are out should be reported by post number so they can be checked.
At the last meeting the Board requested information about cell phone usage. Chairman Davis explained that information hasn’t been received yet.
Selectman Mason is concerned that individual Department Heads are sitting on their credit card bills; Jackson just paid a $43 finance charge and a $39 late fee. Selectman Funicella thinks Jackson should do away with credit cards and use purchase orders. Selectman Mason believes if the Department Heads don’t handle their bills in a responsible manner then they should have to personally pay the additional charges. Selectman Funicella wants to know how many town credit cards there are; Tracey Scranton will generate that information. The Board also wants information to go to all who have cards that they will be held responsible for fees if they don’t turn these in appropriately.
The Board reviewed a memo from Linda regarding fuel usage for the various town buildings. They find the memo confusing and would like Linda to attend a meeting to explain it.
An estimate has been received in the amount of $3,000 for the back door at the town office. Selectman Funicella thinks this is way too much. The Board authorizes him to research costs for the door.
A complaint has been received by Carol Brown that the current format of the Minutes is unnecessarily long. She believes the Minutes require only a brief synopsis and the motions. The Board authorizes Selectman Mason to respond to Carol regarding her concerns. The Board thinks some of the discussion can be compressed and the Recording Secretary will endeavor to provide a more succinct set of Minutes rather than verbatim discussions.
Selectman Funicella would like to see a month-to-month budget report and he’d like it in the old format.
The meeting was adjourned at 6:18 p.m.
Respectfully submitted:
Martha D. Tobin
Recording Secretary
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