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Special Meeting Minutes with Zoning Board and Regular Meeting Minutes

JUNE 4, 2007




Present:  C.Hill, T. Drew, R. Fiske, A. VanBenthuysen, G.Flint,  J. McDonough, R. Oliver, M. Stacey, T. Barker, D. Benware (recorder)


Meeting called to order at 6:31 p.m. by Chair Benware.

The meeting was called to discuss concerns  of the Selectboard and to gather information relating to complaints the board has heard about construction on Hooker Road. Ron Fiske reported that our zoning regulations currently do not contain language regulating the construction of condos (which is the type of dwelling constructed on Hooker Road). The Zoning Board will need to look into this.


Concern was also shared about the cutting of trees on the Kelly property, which is contributing to excessive runoff.  Mark spoke as a citizen of his concern that the steep driveway may also be contributing to excessive runoff.

Blasting which occurred during construction on the Kelly property damaged the Stacey well and oil tank.  Mark asked if they were supposed to blast during construction. Drainage needs to be addressed:  The leachfield for the Stacey and Hutchins' properties is being negatively impacted by runoff, which then makes its way to the lake. The question of whether blasting will need to occur should be addressed in the permit process.  The Stacey/Hutchins leachfield was repaired 4 years ago.  The situation is complex because the leachfield for the Stacey and Hutchins' properties is located on the Kelly property.  Stacey/Hutchins have a right to repair, but not replace the field, which is in the town right-of-way.


Ron reported Mr. Sweeney has given verbal approval to allowing drainage under/across  his property.  It was clarified by Ron and Cindy that the Sweeney house and septic, is not in the town's right-of-way.  Any work to be done in the town ROW, according to Cindy, is governed by state statute, and requires Selectboard approval in the permit process.


The Zoning Board will be re-visiting the Sweeney property; parking area is not finalized.  The Road Commissioners will need to sign (or not sign) the paperwork for this. This raises the question whether the entire board should sign (or not?).  Townspeople have complained about the new construction on the Sweeney property; saying it is not in keeping with the rest of the area, in terms of size and scope.  Ron indicated that several modifications are needed: 1.  screening, to make the structure appear smaller, 2.  driveway, 3.  parking with conditions imposed by Road Commissioners to minimize road drainage impact, 4.  addressing the issue of the white rock fill near the lake.  Mr. Sweeeney will be filing an amended permit with the Zoning Board. Ron mentioned advising Mr. Sweeney to employ the services of a landscape architect to address screening.


Issues to be resolved:

1.  Has the town ROW shifted on that corner?  Cindy notes that other deeds

indicate a parcel south of Sweeney's.

2.  Drainage:              2 issues: a.  highway drainage: poor or no culvert, no

means of slowing rainwater, runoff before it hits the lake.

                                       b.  negative impact of runoff and drainage from the  Kelly property, subsequently on to the leachfield serving 2 other homes, also on the Kelly property.

This prompts the question as to how this situation is regulated;  do our zoning regs address this, does state statute speak to this? This will involve conversations with  Zoning Board, Selectboard, Arlan, Agency of Natural Resources, Better Back Roads Program folks, Mr. Kelly.


Selectboard Meeting Town of Leicester

Mon. June 4, 2007    Unapproved

See subsequent minutes for changes.


ACTION:  Selectboard Chair to contact Agency of Natural Resources and Better Back Roads Program to ask for a meeting to assess the site and determine possible solutions. She will then contact A. VanBenthuysen, as

Ron is out of town until July3.  Mr. Sweeney is likely to come before the Zoning Board on that date. Possible meeting dates were discussed.


The aforementioned meeting was closed.



PRESENT: J. McDonough, R. Oliver, M. Stacey, T. Barker, D. Benware (recorder)

OTHERS:  John Hughes, Mary Hughes, Lawrence Felion, Jr. Bonnie Johnson, Charles Johnson, Cecile Todd, Virginia Wolf, Donna Pidgeon, Arlan Pidgeon, William “Willie” Reopell, Denis Guilette

Secretary unable to attend. 


 At 7:12 p.m. the Chair called the regular Selectboard meeting to order.


The flag salute was recited and the agenda was reviewed.


New business:  The agenda was put aside to address paving bid business first.  A. Marcelino Co sent a fax declining to bid.  Two bids were presented and opened.


Pike Industries submitted a bid of $58.50 per ton. 

D & F Paving submitted a bid of $53.85 per ton. 


Lake Dunmore Road was considered the primary area to be paved.  Pike's bid amounted to$52,123.50, D & F's bid for the road was $47.980.35.  We have $8,000 carried over from last year to be added to the $40,000 approved at Town Meeting.

ACTION:  Tom made the motion to accept the bid by D & F, for the Lake Dunmore portion of the specs, at a cost of $47,980.35.  Bob made the second to the motion, which passed unanimously. 


Mark asked about the sealing of the drive by the Town Office.  This was approved by the Board last fall, but was not done due to leaves falling at the time.  There is also a crack that Willie is aware of that will be fixed.  Chair will send letter to Pike thanking them for their bid and to D &F confirming the bid and the driveway sealing.




Corrections:  Under Town Officials Report, Arlan will check with Rusty Nicklaw, not McGraw.  P. 3: Wright Appraisers:  Change to read "Wright Appraisers wanted more time and on behalf of the Board, John Hughes urged them" to keep their feet to the fire".  Under Green Up Day, Diane asked Willem Jewett, not Mark Witt, for a new state flag.  P. 4, under Feasibility study, correct Benwear to Benware.  P. 5, Addison County Regional Planning: the meeting was at Ilsley Library.


Tweeter reiterated many of the comments made at the last meeting by Ron Felion Jr. , questioning why the roads are not posted.  John M. shared Bob's idea to 1) designate a route for the trucks to travel from frost to

June 1, and/or 2) put up NO THRU Trucks signs on Ferson, Cram and Shackett Roads.


Selectboard Meeting Town of Leicester

Mon. June 4, 2007    Unapproved

See subsequent minutes for changes.


Nothing can be done for this year and research will be done before next year:  consider re-wording the weight permit, increasing the cost, advice from DMV.

ACTION: Tom made the motion to get more information about weight limits to

be considered as New Business on June 18.  John made the second to the

motion, passed unanimously.


Bob made the motion to place a 7,000 pound limit on roads such as Cram and Ferson, at first there was no second to the motion, then John made the second to the motion.  The vote to place a 7,000 pound limit on the roads was 3 nay (Benware, Barker, Stacey) and 2 aye (Oliver, McDonough).

ACTION:  The minutes of May 21 were approved with corrections, on a motion

by Tom, second by John, passed unanimously.


Paying bills:  The bill for grader repair from Winmill Equipment was held back until we receive an itemized invoice for the work on the grader that totaled $3,834.46.  Tom made the motion to hold payment, second by Mark, motion passed unanimously.  The original quote was for $2,500-$2,800 for the work.  Donna has requested a detailed invoice.




Harry reported that the town is requesting an extension to file the Grand List.  The printing of the reappraisal booklet is to be done by June 11, and be in the mail by June 13.  Chair signed the letter requesting a time extension for the filing.  The pre-grievance hearing to be conducted by Wright Appraisers is June 20, at 7:00 p.m. at the town office. Grievances will begin on June 27. 


Arlan reported that Mr. Watson, of Route 53 reports more flooding since the hill was cleared.  The area may need to be ditched. 

ACTION:  Arlan, John and/or Bob will check it out and talk to landowners impacted.


Rick Nicklaw will take all the tree parts from the tree on Cram Road, when Arlan gets to it.


Tom reported a couple of complaints about stop sign by Bridgmon's and Scarborough's, coming from the south, not being seen.  A branch is probably in the way.


The question arose of whether there was another weight slip from Green Up from Lem.  Chair to check.

Chair authorized to contact Richard Humiston to have him pick up the 4 Green Up bags on the Cram Road.


Donna reported that she researched the issue of the increase in the county tax.  They are switching from a calendar year to a fiscal year and are budgeting for 17 months.  There are 3 installments possible.  Donna

suggest paying what was budgeted and pay the balance from next year's budget;  Board concurs.


Mr. Sumner has the keys to the truck, it has not yet been moved, the $5,000 check is in the bank.


Donna Palmer called to confirm the dates for roadside mowing: June 15 to July 4.

Donna Simpson called to ask that the triangles on Fernville Road be cut now.


Selectboard Meeting Town of Leicester

Mon. June 4, 2007    Unapproved

See subsequent minutes for changes.


ACTION:  John made the motion, second by Tom, to have Chair contact Cal Lovin to see if he would cut the two triangles and the Fern Lake Access area.  Motion passed unanimously.


Reminder of OV revote June 12.


Ancient Roads Grant Approval:  Funds are becoming available for further grants.  The Chair signed the application form on behalf of the town.  Grant writing has already been done, as our first application was one of many that were turned down. 


Mrs. Wolf shared her concerns that grants are being sought that put a burden on the taxpayers.  The Chair indicated that most of the grants that she and Donna have written have provided materials or services at no cost to the town.  If a grant has required a match, the Board has been informed.


Feasibility Study:  From grant funds under the auspices of ACRPC, at no cost to the town, the firm of DuBois and King has been selected to identify up to 8 potential sites for a new town shed/sand/salt shed.  The focus is on properties within a one mile radius of the Four Corners.  Property owned by James Maroney on Leicester Whiting Road is under consideration, as is Billy Nicklaw's piece on Upper Bullock Road.  Bucky Shackett's piece on Fern Lake Road and Don Delorm's property were also mentioned.  If anyone has a 5-10 acre parcel they would like to have considered, now is the time to speak up.


Weight Permit:  permit for Claire Lathrop approved and signed.  This prompted further discussion about overweight trucks.  Mark, speaking as a member of the Sheriff's Dep't, said they are not equipped to stop

overweight trucks (no scales) and need probable cause to do so. 


Other:  Members received the checks for the increase in Selectboard honoraria which was approved in March.


Public Opinion:  Charlie stated he thought the Honor Roll looked good.  He asked about plans for an honor roll for veterans from WWII onward.  The Chair indicated that there is $1,000 in the '07 budget that can be used for this purpose.  In order to avoid  controversy over this sign, the suggestion was made for Bonnie to form a steering committee to get names and a possible design to the Selectboard.  She declined.


Charlie also stated he thought the cost for the sealcoat for the driveway was too expensive.  There had been talk of volunteers doing the work.  John McDonough stated he felt the stuff homeowners buy would go down the driveway in the rain, as it is not the same quality as the professionals use.  


Mrs. Wolf seeks retraction of  comments attributed to her during the 2006 Town Meeting minutes, regarding the audit. For the Board of Civil Authority, she claims she has filed 3 violations with the Secretary of State's Office, regarding conduct of elections in town.  One item deals with a person whose name was on the ballot being on the premises during the day of elections.  Mrs. Wolf stated that this was not challenged by the incumbent.  A second item deals with absentee ballots.  Donna made it clear that ballots are not sent without a request, and that when she receives a request she puts it in the mail as soon as possible.   John Hughes asked and was informed that the 2 or 3 ballots that were not returned in time did not sway the vote. 



Selectboard Meeting Town of Leicester

Mon. June 4, 2007    Unapproved

See subsequent minutes for changes.


The issue of OV ballots only being available Friday, June 1, for a June 12 vote prompted questions about what we can do about that.  The OV Board is the group responsible for their ballot, not the Selectboard.


Ceil asked about the position of secretary for the Selectboard, noting her absence this evening.  The Chair stated that it has been the practice of the Board, also during the time Ceil served on the Board, to put such

positions out to the public to seek letters of interest and conduct interviews.  The Board discussed the issue.

ACTION:  None taken.


Mrs. Wolf asked if anyone is enforcing the junk law?


Motion to adjourn by Bob, second by John at 9:42 p.m.

Meeting adjourned at 9:42 p.m.


Respectfully submitted:

D. Benware